St Helier Deputy Scott Wickenden and Trinity Deputy Hugh Raymond are accused of failing to declare their election expenses in time.
A third electoral candidate, Bernie Manning – who stood in St Helier No 2 but failed to win a seat – is also being investigated for the same offence and is due to make his first appearance in the Magistrate’s Court next week. Mr Manning declined to comment on the matter but confirmed that he was the third candidate being investigated.
If convicted, Deputies Wickenden and Raymond would automatically lose their seat in the Chamber and a by-election would be called. They would be eligible to stand in the subsequent by-elections.
Deputy Wickenden, who was first elected in 2014, is a member of the Privileges and Procedures Committee and the Planning Committee.
Deputy Raymond was elected for the first time in May and has since been appointed as an assistant minister in both the Infrastructure and Health Departments.
Under the law, all candidates standing for Deputy must not spend more than £1,700 plus 11 pence per Islander eligible to vote for them – in Deputy Wickenden’s case £2,252.20 and in Deputy Raymond’s £1,938.70 – and must deliver a written declaration of their campaign expenses no later than 15 working days after the poll. There is no suggestion that the Deputies overspent.
Candidates convicted of failing to deliver their expenses form are liable to pay a fine.
However, if the candidate was successful in the election then, according to the law, he or she will ‘cease to hold office’.
Advocate Hiren Mistry, who is representing the two Deputies, said the case was the result of nothing more than an admin error and criticised the severity of the punishment, should they be convicted. He said yesterday: ‘It should be made absolutely clear that there are no allegations of any impropriety, this is simply in relation to an alleged administrative failing.
‘What is worrying is that the consequences of a conviction for not filing a form on time is that my clients, as elected Members of the States Assembly, would cease to hold office and a by-election would follow, where they could re-stand. This is completely disproportionate and it is the public who will be paying for this. Both my clients are appalled by the way that this matter has been dealt with. It is not in the public interest and makes a mockery of free and fair elections.’
Deputies Wickenden and Raymond are due to appear in court again on Thursday.
