The early frontrunner in the Conservative Party election to replace Theresa May as Conservative Party leader (and therefore Prime Minister) is to face a private prosecution. The charges are “misconduct in public office” which carry a maximum life sentence. A summons has been issued for him to appear initially at Westminster Magistrates Court for referral to Crown Court.
Criminal prosecutions in England are usually brought in the name of the Crown by the Crown Prosecution Service or other bodies with statutory prosection powers such as local councils. The law however provides for individuals and organisations to bring private prosecutions. The CPS or the Attorney General may “take over” the prosecution. That could mean the stopping of the prosecution although that is unlikely in this case.
Businessman Marcus Ball crowdfunded the prosecution which charges that Johnson make deliberately and knowingly false statements during the Brexit referendum campaign. It centers on a claim on the side of the bus used by Boris that the UK sends the EU £350 million a week and that this could be redirected to the National Health Service. Today a judge issued a summons after reading the submissions from both sides.
District Judge Margot Coleman threw out arguments by Mr Johnson’s lawyers that the case was a “vexatious” attempt to undermine the result of the 2016 referendum.
A written judgment handed down on Wednesday said: “Having considered all the relevant factors, I am satisfied that this is a proper case to issue the summons as requested for the three offences [of misconduct in a public office].
At a hearing last week, Lewis Power QC, on behalf of Mr Ball told the court that it was not a “political stunt” or attempt to stop Brexit.
“We say it matters not if you are Conservative, Labour, Liberal Democrat . . . or are a remainer or leaver,” he said. “Democracy demands honest leadership. The conduct of the proposed defendant Boris Johnson was irresponsible and dishonest and was, we say, criminal,” he told the court, adding that Mr Johnson: “Knew that [£350m] figure was wrong and he chose to repeat it over and over and over.”
The UK Statistics Authority criticised use of the £350m figure by Vote Leave during the referendum campaign in 2016. It said the figure did not take into account the UK’s rebate or the money that comes back via farming subsidies, regional development funds or grants to the private sector.
Mr Power told the court that the proposed prosecution “does not seek to prevent or delay Brexit” adding that “when politicians lie — democracy dies”. He added: “We are all equal before the court — it is not about politics it’s about the rule of law applied to all.”
(Sentiments Americans may well feel too!)
The judge has established that there is a prima face case for him to answer in front of a jury. This does not imply his guilt and lawyers for Alexander Boris deFeiffel Johnson deny any wrongdoing.