THE election agent for Glasgow Govan MP Mohammad Sarwar told a court yesterday that she inadvertently broke the law by failing to have his expenses verified in the presence of a Justice of the Peace.

Mrs Margaret Curran explained that she had been under pressure because of the illness of her 10-year-old son and had failed to scrutinise paperwork as carefully as she should have done.

But she insisted that although she had misinterpreted the law she had acted in good faith and the expenses return was in fact true and accurate.

Mrs Curran also told Lady Cosgrove at the Court of Session how she had been put under ''constant and unpleasant'' pressure by the media because of serious allegations that surfaced about Mr Sarwar after the election in May 1997. ''There had also been stories in the press pertaining to election expenses. I fully expected these expenses to be scrutinised more fully than anyone else's.''

Mrs Curran, 39, of Camphill Avenue, Langside, Glasgow, a lecturer in community education, was giving evidence in her petition asking the court to excuse her for a breach of the Representation of the People Act 1983. It is believed to be the first petition of its kind in Scotland since 1921.

Mrs Curran raised the case after the procurator-fiscal in Glasgow charged her with having failed to deliver a true return of election expenses accompanied by a declaration made in the presence of a JP. The criminal case is due to be called again at Glasgow Sheriff Court next Tuesday unless her petition succeeds.

Mrs Curran told the court yesterday that she had not been an election agent before, but understood the importance of a detailed and honest expenses return which no-one could question. ''I was scrupulous about that.''

She explained that the return had to be submitted by June 6, and although she had planned to have that done two weeks before the deadline, circumstances had changed drastically.

''The most dramatic turn of events was allegations concerning the behaviour of the Member of Parliament raised first in the News of the World, I think about two weeks after the election.

''There were allegations in the press that there were irregularities in the expenses. I was very anxious about it. There were constant phone calls. It was very unpleasant and very stressful on my family.''

Finally, 24 hours before the June deadline, she had all the necessary documentation ready to go to the JP to be signed.

She was asked by her QC, Leeona Dorrian, whether she had thought it necessary to appear in person before the JP for this to be done. ''No, I would have thought it preferable but not a requirement.''

She thought that the reference to a declaration of expenses being made ''before'' a JP in the prescribed manner meant that the expenses return package had to be in front of the JP. She completed and signed the declaration form and to the best of her knowledge it was a complete and correct return as required by law.

She had planned to meet Mr Sarwar on the afternoon of June 5 with the intention that both go to the JP.

However, she had to make other arrangements after she received a phone call at her work saying that her son Christopher, now 11, was not well. Mr Sarwar then came round to her house and took all the documents round to the JP.

''I was anxious about my son. He was not in a crisis but he was distressed and certainly wanted my attention and comfort. I think in those circumstances I didn't properly scrutinise the paperwork in the way I should have.''

Mr Robert McCreadie, appearing for the Lord Advocate, put it to Mrs Curran that it was plain to any intelligent person that the declaration had to be made in the presence of a JP.

''It is clear to me now,'' replied Mrs Curran. ''It wasn't that clear to me at the time.'' She denied that she had been well aware of this and that the only reason she had failed to follow the correct procedure was because of her son's illness.

Justice of the Peace Stephen Dornan, 40, said he had signed Mrs Curran's declaration form in her absence. She had already signed and he knew what her signature looked like.

He told the court that he knew Mrs Curran as a reliable and trustworthy person and understood from Mr Sarwar that she was unwell. Mr Dornan, a Glasgow councillor, added: ''I take people on faith when signing a lot of forms. In this particular form I knew the person and I knew the person presenting it so I didn't see any reason not sign.''

Asked whether he was aware that Mrs Curran should have signed the declaration in his presence, he replied: ''I didn't give it a second thought.

''Because I knew the person and knew it was being presented as a legitimate document I didn't see a problem with it.''

The hearing continues.