We know the evidence we need to prove Jacqui Smith lied about her second home arrangements exists because the investigation by the House of Commons Authorities were given access to her government car and security detail logs. The problem lies in proving in a court that there was a deliberate attempt to deceive. The “it was all within the rules” formula that MPs cited night after night at the height of Expensegate is not what is stopping us here - she broke the rules. It is proving mens rea, the “guilty mind”, that is the stumbling block.

It was the view of Counsel that alll Jacqui would have to do is claim she thought it was honestly allowed. If she was to argue plausibly, and point to its approval by the Fees Office, we would fail to win a conviction. Our lawyers have recommended we could carry out a judicial review of the internal investigation to secure our day in court but given the huge cost of this (estimated at more than Jacqui would have had to pay back), we are not in a position to take this course of action.

So the dust begins to settle on this rotten parliament and the last throes of the expenses crisis dwindle we have been able to look back at the many success of recent months in the fight for an open and transparent political system at Westminster.  Perhaps most notable has been the decision by the Metropolitan Police to charge three MPs under the Theft Act. The Sunlight Centre welcomes this decision in no uncertain terms as a strong reminder that lawmakers must not be lawbreakers. 

We were particularly glad to see Jim Devine included in those MPs charged. It was a letter from the Sunlight Centre to the Metropolitan Police that made sure Devine was included in the list of Members who were to be investigated. Without your support and donations it's highly likely that Devine would have faced no further investigation into his expenses. 

Just because the election is just around the corner, it does not mean our work stops there. In the new Parliament we will continue to fight to disinfect Westminster, keeping a close eye on the newly created expenses bodies and aiming our sights higher and higher in our campaign against sleaze in British politics. This month, we are taking our campaign to the heart of Downing Street in our discussions with the Electoral Commission regarding Gordon Brown's secret slush fund for donations, as documented by Peter Watt.

Thank you again for your support.

The Sunlight Team