Fraud-claim politicians argue that courts prosecution breaches law

stationery using false invoices in 2008 and 2009.

Defence barrister Julian Knowles said his clients would argue a criminal prosecution would be in breach of a fundamental principle of British law.

“I would like to make it clear,” Mr Knowles said, “on behalf of Mr Morley, Mr Chaytor and Mr Devine, that they unequivocally and steadfastly maintain their innocence of the charges against them.

“They also maintain that to prosecute them in the criminal courts for parliamentary activities would infringe the principle of the separation of powers, which is one of the principles which underpin the UK’s constitutional structure.

“The principle of the separation of powers means that whatever matter arises concerning the workings of parliament should be dealt with by parliament and not elsewhere and should be dealt with in a manner that is consistent with the way other members have been treated.”

Lord Hanningfield appeared in court immediately afterwards to face six charges of false accounting, relating to claims for overnight allowances from the House of Lords between 2006 and 2009, when records allegedly show he was in fact driven to his home near Chelmsford, Essex.

He has been suspended from the parliamentary Conservative Party and stood down as leader of Essex Council. After the brief hearing, Hanningfield issued a statement saying he was “devastated” by the affair.

All four men were released on unconditional bail to appear at Southwark Crown Court on March 30.