Judgement reserved in rebel MPs case

Judgment was reserved today in the High Court case of three Ulster Unionist MPs who are appealing against their suspension from the party.

Lord Justice Girvan told the hearing in Belfast he would deliver his judgment on the case of Jeffrey Donaldson, the Rev Martin Smyth and David Burnside on Monday.

The three men had their membership suspended last week after they resigned the party’s whip at Westminster in protest at the policies of leader David Trimble.

The three MPs are seeking an injunction to reverse the decision to suspend them.

A three-hour hearing at Belfast High Court today heard bitter counter arguments from barristers acting for the men and the leadership of the party.

The three MPs were present in court and were supported by Arlene Foster, who resigned as a party officer last week, while former Lord Mayor of Belfast Jim Rodgers sat at the back of the courtroom.

The leadership of the party was represented at the hearing by chairman James Cooper and former MLA Dermot Nesbit.

The court was told Mr Trimble, who is not a party officer, should not have played a part in the decision to refer the men’s case to the disciplinary committee.

A passage from the minutes of the party officers’ meeting on June 26 showed Mr Trimble had been involved in the discussion which led to the decision to suspend the men.

John Larkin, QC, representing the three MPs, said Mr Trimble was a “prime mover” in the referral of the charges to the disciplinary committee.

He also claimed the party leader had been involved in drafting the charges against the men.

The court heard that during the meeting, Mr Trimble said: “Will work along initial charges and refine language (get wording)” The secretary at the meeting counted the vote on the suspension as 5 to 2, including Mr Trimble, the court heard.

Mr Larkin described the proceedings as “low farce” and claimed the party officers had set out to round people up to form a “hanging committee”.

He said members of the disciplinary committee, including Raymond Ferguson and Barry Fitzsimons, held entrenched views which were publicly opposed to the plaintiffs, especially Mr Donaldson.

He described the committee chairman, Mr Ferguson, as a pronounced political opponent of Mr Donaldson.

“We’re dealing here with a fairly grotesque appearance of bias,” he added.

Declan Morgan QC, representing the leadership of the party, conceded Mr Trimble was not a party officer and should not have been counted in the vote to refer the men’s case to the disciplinary committee.

He insisted the mistake would have been rectified when the handwritten minutes were typed up.

Mr Morgan claimed the men were suspended because they launched an unprecedented attack on the party from within.

“It was an attack from within on the policies and the practice of the leadership,” he added.

Mr Morgan said that sometimes in such a situation “immediate and draconian measures may need to be taken”.

The barrister also insisted both Mr Ferguson and Mr Fitzsimons were part of the disciplinary committee, which ruled on the three previous cases within the party, and were not drafted in because they were opponents of Mr Donaldson.

Lord Justice Girvan said he would deliver his verdict on Monday at 2pm.

The court case is the latest blow to Mr Trimble who faces a vote of no confidence in his constituency next week.