The Times drops Chris Huhne emails challenge
Friday 20 January 2012
Latest in Crime
Related articles
On Facebook
From the blogs
Sepp Blatter: Penalty shoot-outs must remain, they’re football’s great leveller
As England supporters, we should scorn at any such deciding factor within football. On so many occas...
Why do some men consider the street as a female meat market?
Pronouncements on sexual inequality in the UK are normally met with an eye roll by my generation. As...
Political corruption reflects the widening chasm between the political class and the electorate
The corruption and hypocrisy which has come to characterise politics and politicians, and in particu...
Despite its popularity, the death penalty would allow the state to kill innocent people
The University of Michigan law school and Northwestern University have just compiled a database of o...
The publishers of the Sunday Times dropped their challenge to a police bid to obtain emails relating to the Chris Huhne speeding case today.
Times Newspapers Ltd were expected to ask the High Court in London to quash a Crown Court order requiring production of the emails to Essex Police.
Times lawyers also wanted Lord Justice Toulson and Mr Justice Cranston to declare that a judge sitting at Chelmsford Crown Court erred in law when he issued the order last October.
The case concerns emails between Vicky Pryce, Mr Huhne's ex-wife, and Isabel Oakeshott, the Sunday Times political editor.
It follows allegations that the Energy Secretary asked his former wife to take speeding points for him.
But today the publishers withdrew their application.
A Downing Street spokeswoman today declined to speculate on whether Mr Huhne could remain a minister if he is charged with an offence, saying only that members of the Cabinet are appointed by the Prime Minister and are subject to the ministerial code.
The code states that "ministers of the Crown are expected to behave in a way that upholds the highest standards of propriety" and makes clear that it is for the Prime Minister alone to judge whether they should remain in office.
The spokeswoman said: "The Prime Minister has confidence in the Energy Secretary."
Ben Silverstone, appearing for Times Newspapers, told the judges that the publishers had agreed to drop the application for judicial review at the start of the hearing.
Today's development opens the way for the email evidence to be studied - and a swift decision made on whether or not to charge Mr Huhne.
It was announced late last year that the Crown Prosecution Service (CPS) was "very close" to making a decision and only today's application was delaying the process.
News reports have suggested ministers are on alert for a mini reshuffle if the case spells the end of the Energy Secretary's Cabinet career.
Today Andrew Edis QC, appearing for Essex Police and the CPS, described Times Newspapers' abandoned bid to block the production order as "misconceived".
The judges ordered that details of the case must remain confidential pending the decision on whether or not to prosecute.
Essex Police obtained a production order to seize the emails at a private hearing last October.
The newspaper then decided to seek judicial review of the police move, leading to the prosecution decision being put on hold.
The police investigation followed claims Mrs Pryce made in a Sunday Times interview that Liberal Democrat Mr Huhne had asked "someone" to take points on his behalf to avoid losing his licence.
It later emerged that the "someone" was allegedly Mrs Pryce.
Police have already obtained an affidavit she signed when she made her allegations to the newspaper, as well as a taped telephone conversation between her and Mr Huhne.
The speeding offence is alleged to have taken place in 2003 when the then-MEP was driving home from Stansted Airport after flying back from the European Parliament.
Mr Huhne, who left Ms Pryce for another woman, has denied the points allegations.
Mr Edis told the court that the decision whether to charge had been delayed by the Times Newspapers application.
He added: "It will now be possible to move the proceedings on towards a charging decision. I cannot say what that decision will be."
The criminal investigation was still on foot, with more interviews to take place, and it was conceivable that there could be charges, with criminal proceedings to follow.
Mr Edis argued it was important to restrict public access to documents held by the court.
He argued they contained material which could be used in interviews or become evidence at a trial, or fall into the category of "undisclosable" material.
He told the judges: "There have been interviews already. The question is whether future interviews will be required as a result of this production order.
"Persons not presently privy to the information who may be involved in that investigation may become aware of it in circumstances that might be undesirable".
He said the possibility of the evidence being revealed would not have arisen "if these misconceived proceedings had not been issued".
Agreeing to make a confidentiality order, Lord Justice Toulson said: "Having read all the material in the case, we can see that media publication could give rise to problems if criminal proceedings are brought as a result of the pre-trial disclosure.
"We can see that it is in the interests of criminal justice that there should be a moratorium on their publication."
The judge said the order would remain in place pending the decision on whether to charge and, if charges were brought, to the conclusion of any criminal proceedings.
But the judge stressed the court did not think the order should remain in place indefinitely.
PA
- 1 Mark Zuckerberg saved $111m by selling Facebook shares before stock slumped
- 2 Brazil rocked by abortion for 9-year-old rape victim
- 3 Schoolboy spiked brownies with cannabis in cookery class
- 4 News in pictures
- 5 Lawyers told Hunt to stay out of Sky deal
- 6 Spain races to bail out bank as debt fears stalk Europe
- 7 Catcalls, whistles, groping: the everyday picture of sexual harassment in London
- 8 Actress Keira Knightley to marry rocker
- 9 Hollande visits the French troops he's taking home
- 10 Cameron aide’s cosy chats with News Corp
- 1 Mark Zuckerberg saved $111m by selling Facebook shares before stock slumped
- 2 Brazil rocked by abortion for 9-year-old rape victim
- 3 Schoolboy spiked brownies with cannabis in cookery class
- 4 Police letter reveals St Paul’s cathedral involvement in Occupy eviction
- 5 Fat? Really? Olympic hope laughs off official’s jibe – but others aren’t amused
- 6 'Hello mum, this is going to be hard for you to read ...'
- 7 African monkey meat that could be behind the next HIV
- 8 Cameron aide’s cosy chats with News Corp
- 9 Coke reveals its secret: It may need to carry a cancer warning
- 10 French in uproar over oral sex anti-smoking posters
Experience the Heineken Hub
Get free wi-fi and exclusive i content while you enjoy a tasty pint of Heineken at participating pubs.
Can you imagine a career in teaching?
Be inspired to teach - let real teachers show you how rewarding the job can be.
Playing a game-changing role during the Games
Cisco is providing the solutions for London 2012's complex IT needs.
Enter the latest Independent competitions
Win anything from gadgets to five-star holidays on our competitions and offers page.
Business videos from commercial thought leaders
Watch the best in the business world give their insights into the world of business.
Career Services
Day In a Page
Ridley Scott: The most macho man in movies?
Gallic gourmets put France back on culinary map
The outsider: Margaret Howell
For men only: A pilgrimage to Mount Athos
Feeding a hungry world – or meddling with laws of nature?


