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Andy Burnham has been told to apologise for his comments regarding the murder of Ann Widdecombe.
The Prime Minister was criticised for saying an “individual” was “responsible for the murder” of Miss Widdecombe, despite the legal process still being in its early stages.
He commented on the former Conservative minister and Reform UK’s justice spokeswoman during Prime Minister’s Questions on Wednesday.
Shadow Commons leader Jesse Norman said Mr Burnham’s remarks were a “breach of the presumption of innocence”.
In a point of order, shadow Commons leader Jesse Norman told MPs: “A man is innocent until proven guilty. The presumption of innocence goes back to Magna Carta. It applies without exception.
“But the Prime Minister of the United Kingdom has just publicly spoken as though a man awaiting trial has already been convicted of murder.
“It’s directly contrary to the rule of law, it is a breach of the presumption of innocence, it is misleading to the House, and in any other forum it would be a contempt of court, which could be used to suggest the defendant had been prejudged on the merits of a case.
“The Prime Minister needs to apologise.
“And may I ask your guidance on this, Madam Deputy Speaker, as to whether the Prime Minister needs to apologise, to withdraw the statement and to correct the record immediately?”
Deputy Speaker Nusrat Ghani replied: “The content of ministers’ speeches and answers are not a matter for the chair, but the Treasury frontbench will have heard that point of order.”
Joshua Kerry, 28, was arrested on suspicion of murder on July 11, two days after Miss Widdecombe, 78, was found dead at her property in Haytor on Dartmoor, Devon.
A trial before a High Court judge is scheduled for June 8 next year, and a plea and case management hearing on January 29.
Kerry, of Byrley Road, Rotherham, South Yorkshire, has also been charged with a terror plot against Reform UK leader Nigel Farage.
Words spoken by MPs in the House of Commons are protected by parliamentary privilege.
No 10 declined to comment on Wednesday evening.
The sub judice rule states MPs should not refer in debates, questions and motions to matters awaiting adjudication in a court of law.
This is to avoid influencing the outcome of those court proceedings, according to the Commons Library.
On Monday, Speaker Sir Lindsay Hoyle granted a “limited waiver” for MPs wanting to discuss the court case.
He said: “I note that Joshua Kerry has been charged with a number of offences, including the murder of Ann Widdecombe and engaging in conduct in preparation of acts of terrorism, including against (Mr Farage).
“Those cases are therefore sub judice. I am granting a limited waiver so that members can refer to the fact that those charges have been brought, and the way in which related matters have been handled by the police.
“However, members should not discuss the details of those cases or speculate on the guilt or innocence of the individual while it is rightly being dealt with in the courts.”
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