A conviction for electoral fraud could signal the death knell for an experienced councillor’s political career.
Alan Jack appeared at Perth Sheriff Court following the discovery of financial irregularities during his 2012 election campaign.
The 74-year-old surpassed his allocated budget by £850.64 spending almost twice as much as fellow candidates as he battled to retain his position in the Almond and Earn ward.
He secured his seat in a tightly fought battle, only emerging victorious at the sixth count, narrowly beating sitting members Wilma Lumsden and George Hayton.
It now appears likely he will have to relinquish his position, thereby forcing a by-election for his seat on Perth and Kinross Council.
Council and SNP leader Ian Miller said: “Following last year’s election it seemed clear that his (Jack’s) election expenses exceeded the legal limit and it therefore appeared that a breach of Electoral Law had taken place.
“In the circumstances, today’s outcome is really no surprise.
“We must now await the conclusion of this process which may result in a by-election in the Almond and Earn Ward.”
The council also said the conviction has “implications” for Jack’s position.
During an appearance in the dock, the court was told that despite having 14 years’ experience as a councillor he failed to comply with strict guidelines set out by the Electoral Commission.
They have set a cap on spending to prevent wealthier candidates from splashing excess sums of money to the detriment of those with less funding available. The amount allotted to Ward 9 was £1215.36.
Depute fiscal John Malpass told Perth Sheriff Court that following the election on May 3 last year, expenses submitted by Jack sparked suspicion, after it was noted he had spent £2066.
He said: “Consequently, an investigation was held by the election supervisor and the accused was invited in by the returning officer and asked to explain.
“The explanation was not deemed to be suitable and the police were informed.”
He was formally charged in October last year, but was still allowed to carry on as a councillor, pending a court appearance.
Solicitor Robert McCormack claimed the overspend wasn’t a deliberate attempt to defraud the process, but rather was an oversight as his client was preoccupied with caring for his sick wife.
He said: “At the time, he was making the necessary arrangements for his candidacy and leaflet distribution without the support of voluntary workers and he had to outsource that to an agency, which resulted in the overspend.”
It was also revealed that the councillor believed the only consequence of his actions would be that he would be left out of pocket for the excess amount.
Jack, of The Stables, Bridge of Earn, admitted that between March 22 and May 26 last year he incurred election expenses exceeding the maximum limit.
He was fined £450 and, in a statement, denied he would use his councillor’s allowance to pay the financial penalty.
“That has got nothing to do with it, I have got money in the bank,” he said. “It is my money that has paid for all this trouble I’ve got myself into and this will come out of my savings.”
Jack refused to comment on whether or not he would now resign his position.