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The head of the judiciary has reprimanded six Conservative MPs for trying to influence a judge overseeing a hearing this week on whether references written in support of former MP Charlie Elphicke can be made public.
All six wrote last week to senior judges, copying the judge who will oversee the hearing on Wednesday, expressing concern that “issues of principle” should be considered first by senior members of the judiciary and by parliament.
But in a response from the office of the Chief Justice of the High Court of England and Wales, they were told that it was “inappropriate” to try to influence the decision of a judge who would ultimately rule on the basis of evidence and arguments in the court.
“It is even more regrettable when representatives of the legislature, writing as such on House of Commons stationery, seek to influence a judge in a private letter and do so without regard for separation of powers or independence. of the judiciary, “he said. the response of Ben Yallop, the private secretary to the Chief Justice of the Supreme Court.
“It is equally inappropriate to suggest that higher judges should intervene in some way to influence another judge’s decision. The independence of the judges extends to being free from interference from judicial colleagues or superiors in their decision-making. Judges should be free to make their decisions regardless of pressure or influence from everyone, including legislators. “
The original letter was sent to the Chairman of the Queen’s Banking Division and Chief Justice for England and Wales by Par tory David Freud and MPs Sir Roger Gale, Adam Holloway, Bob Stewart, Theresa Villiers, and Natalie Elphicke.
The latter is the estranged wife of Charlie Elphicke, who succeeded him as a Dover deputy prior to his conviction and imprisonment this year on three counts of sexual assault against two women.
The other five MPs identified themselves last week as the authors of some of the character references provided for Elphicke’s ruling, and claimed that the release of the statements could deter people from providing similar background details in future cases.
On Wednesday, The Guardian, Times and Associated Newspapers are filing a request for the publication of letters in which the author is a public figure, in public office or holds or has held a position of public responsibility.
When the authors are ordinary members of the public, such as former electors, the position of media organizations is that if the publication causes an unwanted intrusion on privacy, the letters could be anonymized.
Stewart also raised the issue in parliament, and called for a debate. The leader of the house, Jacob Rees-Mogg, told him that he had raised a worrying point and said he would refer the matter to the president of the court and the attorney general.
