THE Justice of the Peace heavily criticised for failing to ensure election agent Margaret Curran signed Mohammad Sarwar's expenses declaration in his presence yesterday defended his actions.

Glasgow councillor Stephen Dornan claimed it was common for JPs to sign forms, such as election expenses, when those involved were not present.

He said it was farcical that there had been such a reaction to the incident. He added that the legal system should allow exemptions from the current rules where those involved in submitting expenses, and their signatures, are well known to the JP.

Mr Dornan admitted it was the first time he had verified election expenses since becoming a JP more than two years ago but said he was well aware of the system because of his time as a councillor and political activist. But he added that he ''never gave it a thought'' that there might be a problem because Mrs Curran was not present.

Mr Dornan said he knew Mrs Curran well and recognised her signature. He said she had a justifiable reason for not being present when the election expenses, which he knew to be accurate, were verified.

Mr Dornan said: ''Show me a JP that has not done what I have done.

''If somebody cannot make it for a signing and papers have got to be in timeously then I don't see a problem.

''It's never been a problem before.'' He sympathised with Mrs Curran for not attending the meeting because her son was ill but added that ultimate responsibility for the expenses lay with her as the election agent.

Mr Dornan added: ''I think there has been an over-reaction to this. It's a total farce. There should be an exception where a JP has known a person for a certain number of years. I would know Margaret's signature at a glance. At least justice was, for once, done in this case.''

However, Mr Dornan said he would insist on an election agent being present if the situation occurred again to avoid facing the same problems.

He believed Mr Sarwar had come under increased scrutiny because of his unique position as an Asian MP.

Mr Sarwar welcomed the court decision, adding that Mrs Curran had suffered needlessly over the past year because the expenses had been legitimate.

He said: ''I am delighted that she has been cleared. It's excellent news.''

He said a genuine mistake had been made and he had ''absolute'' confidence in Mrs Curran and no problems with her acting as an election agent in the future.

Mr Sarwar, who is currently involved in a defamation case against the News of the World over allegations about his election campaign, added: ''I hope the time will come when I will be able to prove my innocence.''