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Brexit: Boris Johnson ordered to appear in court over £350m claim | Brexit: Boris Johnson ordered to appear in court over £350m claim |
(about 2 hours later) | |
Boris Johnson has been ordered to appear in court over claims he lied by saying the UK gave the EU £350m a week. | Boris Johnson has been ordered to appear in court over claims he lied by saying the UK gave the EU £350m a week. |
The Tory leadership candidate has been accused of misconduct in public office after making the claim during the 2016 EU referendum campaign. | The Tory leadership candidate has been accused of misconduct in public office after making the claim during the 2016 EU referendum campaign. |
It is a private prosecution launched by campaigner Marcus Ball, who crowdfunded £200,000 for the case. | It is a private prosecution launched by campaigner Marcus Ball, who crowdfunded £200,000 for the case. |
Mr Johnson's representatives have called the case a "stunt" that is being "brought for political purposes". | Mr Johnson's representatives have called the case a "stunt" that is being "brought for political purposes". |
The preliminary hearing will take place at Westminster Magistrates' Court and the case will then be sent to the Crown Court for trial. | The preliminary hearing will take place at Westminster Magistrates' Court and the case will then be sent to the Crown Court for trial. |
The BBC's assistant political editor, Norman Smith, said the allegations could not come at a worse time for Mr Johnson, and his critics are likely to use the claims against him in the upcoming contest to become next Tory leader and prime minister. | The BBC's assistant political editor, Norman Smith, said the allegations could not come at a worse time for Mr Johnson, and his critics are likely to use the claims against him in the upcoming contest to become next Tory leader and prime minister. |
The £350m figure was used by the pro-Brexit Vote Leave group throughout the referendum campaign on the side of a red bus, calling for the UK to "fund our NHS instead". | The £350m figure was used by the pro-Brexit Vote Leave group throughout the referendum campaign on the side of a red bus, calling for the UK to "fund our NHS instead". |
Mr Johnson faces three allegations of misconduct in public office, between 21 February 2016 and 23 June 2016 - after he had announced he was backing Leave, up until the referendum vote - and 18 April 2017 to 3 May 2017 - during the general election that year. | Mr Johnson faces three allegations of misconduct in public office, between 21 February 2016 and 23 June 2016 - after he had announced he was backing Leave, up until the referendum vote - and 18 April 2017 to 3 May 2017 - during the general election that year. |
Mr Ball's lawyers lodged an application in February to summons Mr Johnson, claiming the MP had deliberately misled the public during the first campaign, and repeated the statement during the second. | Mr Ball's lawyers lodged an application in February to summons Mr Johnson, claiming the MP had deliberately misled the public during the first campaign, and repeated the statement during the second. |
Lewis Power QC, who represents Mr Ball, said Mr Johnson's conduct had been "both irresponsible and dishonest". | Lewis Power QC, who represents Mr Ball, said Mr Johnson's conduct had been "both irresponsible and dishonest". |
"Democracy demands responsible and honest leadership from those in public office," he said. | |
'Infamous statement' | |
Mr Power said the prosecution's application was not brought to undermine the result of the 2016 referendum and it was not about what could have been done with the saved money. | |
"The allegation with which this prosecution is concerned, put simply, is Mr Johnson repeatedly misrepresented the amount that the UK sends to Europe each week," he said. | |
"It is concerned with one infamous statement: 'We send the EU £350m a week.' | |
"The UK has never sent, given or provided £350m a week to Europe - that statement is simply not ambiguous." | |
What is misconduct in public office? | |
But Mr Johnson's representatives said the case was about "the desire on the part of individuals, such as Mr Ball, to undermine the referendum result". | But Mr Johnson's representatives said the case was about "the desire on the part of individuals, such as Mr Ball, to undermine the referendum result". |
They said in submission to the court: "The application is a stunt. Its true purpose is not that it should succeed, but that it should be made at all. And made with as much public fanfare as the prosecution can engender." | |
In her written ruling, District Judge Margot Coleman said: "The applicant's case is there is ample evidence that the proposed defendant knew that the statements were false." | |
She continued: "I accept that the public offices held by Mr Johnson provide status, but with that status comes influence and authority. | |
"I am satisfied there is sufficient to establish prima facie evidence of an issue to be determined at trial of this aspect." | "I am satisfied there is sufficient to establish prima facie evidence of an issue to be determined at trial of this aspect." |