Police investigate Labour's Downham campaign

4.08.35pm GMT Thu 12th Mar 2009

It has been confirmed that Police are investigating a possible breach of election law by Lewisham Labour Party, during the Downham by-election campaign.

Last week, Returning Officer Barry Quirk confirmed that he had passed on a leaflet, believed to have been distributed on polling day, to Sgt John D'Arcy at Lewisham Police station. The Police have confirmed that they are investigating the matter.

The leaflet, which contained an imprint from the Labour Party agent on behalf of the two Labour candidates, referred to an "Exit Poll" that showed "the BNP winning in Downham". The leaflet went on to state that "It's more important than ever to VOTE LABOUR TODAY". The BNP came 4th in the election, with the two Liberal Democrat candidates finishing over 400 votes ahead of their nearest rivals.

Cllr Chris Maines, Leader of the Liberal Democrat Group said, "By referring to an 'Exit Poll' and distributing this leaflet on polling day, the Labour Party clearly tried to swing this election in their favour by any method possible. I think this is a clear breach of electoral law and I hope the Police take action."

The 1983 Representation of the People Act prohibits publication of exit polls while voting is still taking place. No-one may publish before polls close "any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted, or any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given."

Cllr Dan Houghton said, "Labour tried to scare voters and talk up the BNP, who everyone knew had run a very half-hearted campaign. They should be ashamed of themselves, and should apologise to the people of Downham."