A Conservative candidate was charged over his 2015 general election expenses yesterday, but refused to withdraw from the election and branded the decision to prosecute him “shocking”.
The Crown Prosecution Service said that Craig Mackinlay was due in court next month along with his agent and another Tory organiser for alleged offences under the Representation of the People Act 1983.
The timing of the decision, six days before polling day, delivered a blow to Theresa May’s campaign.
Mr Mackinlay, 50, beat Nigel Farage in the Kent seat of South Thanet at the previous election in a bitterly contested battle. The winning Tory candidate then filed expenses of £14,800, just under the legal constituency spending limit. Police were asked to investigate claims that more was spent.
In a statement on his Facebook page, Mr Mackinlay said yesterday: “Our justice system is underpinned by the presumption of innocence and I am confident that I will be acquitted as I have done nothing wrong and acted honestly and properly whilst a candidate in 2015, and as all candidates do, acted upon advice throughout.”
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He added: “Clearly this is a shocking decision by the CPS, given that I’ve done nothing wrong and I am confident that this will be made very clear as the matter progresses.”
Theresa May got behind him, saying: “The Conservative Party continues to believe that these allegations are unfounded. Craig Mackinlay is innocent until proven guilty and he remains our candidate.”
The Conservatives would have been unable to substitute any candidates at this stage before a general election, as postal ballots featuring candidate names have already been posted.
In 2015 there were 8,462 postal votes in South Thanet, 17 per cent of the total cast. This electoral cycle 6,764 have been issued, with all of them sent out on or before May 26, meaning many people are likely to have voted for Mr Mackinlay before the CPS announcement yesterday.
He has been charged with two alleged offences under the Representation of the People Act 1983. Under the Act, anyone found guilty of corrupt or illegal electoral practice is immediately disqualified from standing or serving as an MP, meaning that there would automatically be a by-election if he were found guilty of either charge.
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Ukip criticised the prime minister’s decision to approve his candidacy while the allegations were still being investigated. Mr Farage said that Mrs May had shown “bad judgment” and added: “Why on earth would you allow someone to go ahead as general election candidate when this cloud was clearly hanging over him? There will be questions.”
Labour sources confirmed that they would divert additional resources to fight the seat, in which the party came more than 4,000 votes behind Ukip in 2015, declaring it “back in play”.
Jeremy Corbyn, campaigning in York, declined to be drawn on the CPS decision. “I think it is a very bad road when democratically elected politicians start offering a running commentary on independent judicial processes,” he said.
In a statement, the CPS said that Mr Mackinlay, his election agent Nathan Gray, 28, and a Tory party organiser, Marion Little, 62, had each been charged. They are due to appear at Westminster magistrates’ court on July 4. A Conservative spokesman said they believed that the allegation against Mr Mackinlay was “unfounded”.