Chaytor loses bid to reduce sentence

Senior judges rule the former Labour MP damaged the ‘priceless democratic system’ and could have been jailed for longer Former Labour MP David Chaytor has lost an appeal to reduce his prison sentence for fiddling parliamentary expenses as senior judges ruled he had inflicted “serious damage” to our “priceless democratic system” and could have received an even longer jail term. The former lecturer had committed a “grave breach of trust” in falsely claiming more than £22,000 of taxpayers’ money for rent and IT work, for which he was sentenced to 18 months in prison. Dismissing his claim that a 12-month sentence was more appropriate, the lord chief justice, Lord Judge, and two other judges said Chaytor, 61, the former MP for Bury North, had committed the fraud in a “calculated and deliberate way”. James Sturman QC had argued Chaytor should receive some leniency because he was a man of previous good character and high reputation who had made a “regrettable” and “stupid” error. But Lord Judge said: “It is difficult to exaggerate the levels of public concern at the revelation of significant abuse of the expenses system by some members of parliament. “Some elected representatives, vested with the responsibility for making laws which govern us all, betrayed the public trust. “There was incredulous consequent public shock. The result was serious damage to the reputation of parliament, with correspondingly reduced confidence in our priceless democratic system and the processes by which it is implemented and we are governed. “This element of damage caused by the appellant (and others) cannot be valued in monetary terms, but it is nonetheless real, and the impact of what has been done will not dissipate rapidly.” Chaytor had claimed his sentence should be reduced because he would have been entitled to “all” of the £18,350 he received in claims if he had made them legitimately. He could have designated his home in Todmorden, west Yorkshire, as his second home and claimed mortgage payments. Instead he submitted bogus documents for rental on a flat in London he already owned, and his mother’s house in Summerseat, near his Bury constituency. His lawyer also argued Chaytor deserved credit and a one-third reduction in sentence for pleading guilty, but had only been given a 25% discount. But Judge, sitting with Mr Justice Henriques and Mr Justice Foskett, disagreed, saying the discount could “without being open to criticism have been somewhat further reduced”. It was not until after Chaytor’s arguments that he had parliamentary privilege, and that his trial should be stayed because of adverse publicity, that he changed his plea to guilty, “Yet he must have known all along that he had been dishonest,” said Judge. Neither should he receive a reduction because he was of previous good character. His “sad fall from grace was entirely self-inflicted”, said Judge. “The appellant’s good character has been destroyed and his public life has been shattered. He has publicly admitted his dishonesty and his humiliation is complete”. But when the guidelines for reducing sentence because of good character were produced, “it never occurred to anyone that a member of parliament might set about defrauding the public purse in the calculated and deliberate way taken by the appellant. He knew exactly what he was doing.” Dismissing the appeal, Judge said he agreed with the trial judge, Mr Justice Saunders, that it was no easier to make a dishonest claim than an honest one. It was possible to understand that an individual claiming £150 in exaggerated expenses rather than £100 legitimately owed to him should be sentenced on the basis he dishonestly acquired £50. “In this case the element of dishonesty is not simply inflated claims for expenses, but rather the careful preparation of bogus claims, supported by bogus documents. In truth they were bogus in their entirety, from start to finish,” Judge said. The “loss to the public purse was significant,” he added. Chaytor, who was jailed in January, is currently at Spring Hill open prison in Buckinghamshire, and could be released as early as the end of May on condition he wears a tag and abides by a curfew. David Chaytor MPs’ expenses House of Commons Crime Caroline Davies guardian.co.uk

Posted by on March 23, 2011. Filed under News, Politics, World News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.