Brussels, 16/10/2008 (Agence Europe) - The European Parliament had the right to waive the immunity of Neil Ashley Mote says a judgment delivered by the Court of First instance on 15 October. The British MEP had his immunity removed by the Parliament in 2005, leaving the way clear for the resumption of legal proceedings against him. He was subsequently found guilty of falsely claiming benefits from his local council and sentenced to nine months' imprisonment.
The Parliament decided to waive Mote's immunity following a request from the attorney general (the chief prosecutor of England and Wales) in July 2005. Proceedings in the United Kingdom against Mote had been underway since 2003, before his election to the European Parliament in November 2004. The Court, to which Mote had appealed against his suspension by the Parliament, said that neither Community law nor the Parliament's protocol prevent the waiving of the immunity enjoyed by MEPs (case C-301/06). Mote has already served his sentence in an English prison. Elected originally as a member of UKIP (United Kingdom Independence Party), he is now a non-attached member following his expulsion from the party. (C.D./transl.rt)