MPs and peer face protest anger

THREE MPs and a peer accused of stealing money from taxpayers have indicated they will plead not guilty and have again insisted the Westminster expenses scandal should be dealt with by parliament rather than the courts.

Labour MPs Elliot Morley, David Chaytor and Jim Devine were abused by protesters shouting "pigs" and "oink, oink", after appearing in court for the first time to face charges of theft by false accounting.

A district judge had turned down their application to sit outside the dock during the short hearing at Westminster Magistrates' Court, which meant they were in seats more commonly occupied by drunks, drug addicts and shoplifters.

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Minutes later, their place was taken by Tory peer Lord Hanningfield, who said he would deny charges of wrongly claiming for "repayment of travelling and other expenses".

All four will appear before a crown court judge later this month, when lawyers are expected to argue their cases are covered by parliamentary privilege.

Watched by 30 reporters who had queued for several hours, the three MPs made no comment as they arrived at court and passed through security checks shortly after noon yesterday.

The hearing began with the detailed charges being read out by the court clerk. The defendants, who stood together in the secured dock, confirmed their names and dates of birth before indicating not guilty pleas.

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Scunthorpe MP Morley, 57, of West Street, Winterton, North Lincolnshire, is alleged to have dishonestly claimed 30,428 more than he was entitled for his second home between 2004 and 2007, including 18 months after the mortgage was paid off.

Chaytor, 60, the MP for Bury North, who lives in Todmorden, faces charges he claimed almost 13,000 in rent in 2005 and 2006 on a London flat which he owned, as well as 5,425 in 2007 and 2008 to rent a property in Lancashire owned by his mother.

He is also alleged to have used false invoices to claim 1,950 for IT services in 2006.

Livingston MP Devine, 56, of West Main Street, Bathgate, West Lothian, is alleged to have claimed 3,240 for leaning services and 5,505 for

stationery using false invoices in 2008 and 2009.

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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," he 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.

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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 appearat Southwark Crown Court on March 30.

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