times

Police have recommended that both Chris Huhne and his estranged wife be charged over claims that he dodged a speeding penalty, The Times has learnt.

Detectives believe that they have presented the Crown Prosecution Service (CPS) with sufficient evidence to charge the Energy Secretary with speeding and, more seriously, attempting to pervert the course of justice.

A file sent to the CPS is understood to say that Vicky Pryce should also be charged with attempting to pervert the course of justice after allegations that she accepted penalty points on her licence after her husband was caught by a speed camera on the M11.

Despite police forming firm conclusions about the case, the decision on whether or not to bring charges rests with senior lawyers who still harbour doubts over whether it is strong enough to take to court. They have asked police to continue their inquiry.

The offence is alleged to have occurred when Mr Huhne was an MEP and was travelling home from Stansted airport after a flight from Strasbourg in 2003. Essex Police officers, who have twice interviewed both Mr Huhne and Ms Pryce, first sent a file to the CPS special crime division in London in July. Detectives have conducted further inquiries at the request of its lawyers, sending additional files in August, September and October.

An outstanding issue is whether police can obtain material held by The Sunday Times. Essex Police obtained a production order requiring the newspaper to hand over e-mails between Ms Pryce and the newspaper. But the order is being challenged in the High Court and a judicial review is due next month.

Although detectives are understood to be confident that they have already provided sufficient evidence to press charges, prosecutors maintain that they cannot proceed without the material from The Sunday Times.

In an interview with the newspaper in May, Ms Pryce broke her silence over allegations circulating in Westminster that Mr Huhne had persuaded somebody to accept penalty points. “Yes, he did,” she said.

Text messages recovered from a mobile phone seized from one of the couple’s sons are said to provide evidence pointing to a conspiracy to pervert the course of justice. Mr Huhne is alleged to have warned his son in the messages that Ms Pryce could go to prison. Police have also examined a tape recording of a phone conversation between Mr Huhne and his estranged wife, in which he allegedly told her that there was no evidence against him unless she chose to “give some legs to it”.

A source said: “The officers on the case have felt very confident about it from an early stage. That confidence has grown each time they have provided additional information.”

Before making a decision, the CPS has a duty to consider whether there is sufficient evidence to provide a realistic chance of conviction and if a prosecution would be in the public interest. A CPS spokesman said: “We are awaiting the outcome of a court hearing in January and are not yet in a position to make a decision.”

Essex Police said: “We are only able to confirm that we are seeking material from The Sunday Times and we will not discuss the nature of that material. The matter is currently in the hands of the courts.”

Ms Pryce refused to comment last night and Mr Huhne, who denied any wrongdoing when the allegations first arose, did not return telephone calls.

He told Sky News this month: “I would love to see this cleared up as soon as possible. I want to see the Crown Prosecution Service obviously get to the bottom of this.

“They need to do whatever they have to do in terms of pursuing [the case]. I gather they currently have a dispute with The Sunday Times at the moment.

“As long as they get to the bottom of this, that is all I want, because I am confident that will clear things up.”

Charlotte Harris, Mr Huhne’s lawyer, said she had not seen the material sent to the CPS and expressed concern that details of a “confidential police file” had been passed on.