Friday, 5 December 2008

Has Hain really been 'cleared'?

Peter Hain is saying he is pleased that after "ten months in limbo" he has been "cleared" of late declarations to the Electoral Commission of donations to his Labour deputy leadership bid. He finished 5th out of 6 candidates if you remember.

I would contend that it depends on your definition of 'cleared'. All that has really happened is that the Crown Prosecution Service has said that while donations were declared late, they have insufficient evidence to charge him with anything as they could not prove Hain handled the unreported donations.

It's a farce because the CPS is essentially saying that as it cannot determine who handled the donations - whether Peter Hain or anybody else - nobody is to be charged.

He may be 'cleared' in the sense that he won't be charged, but this is hardly a fulsome, wholesale clearance of Peter Hain and restoration of his reputation as Hain seems to be implying. It just means he has managed to exploit a loophole in the law whereby if you can keep prosecutors in the dark about who handles late donations who have nothing to worry about as they won't charge anybody!


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