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| Boris Johnson to appear in court over Brexit misconduct claims | |
| (32 minutes later) | |
| Boris Johnson is to be summoned to court to face accusations of misconduct in public office over comments made in the run-up to the EU referendum, a judge has ruled. | Boris Johnson is to be summoned to court to face accusations of misconduct in public office over comments made in the run-up to the EU referendum, a judge has ruled. |
| The ruling follows a crowdfunded move to launch a private prosecution of the MP, who is currently the frontrunner in the Tory leadership contest. | The ruling follows a crowdfunded move to launch a private prosecution of the MP, who is currently the frontrunner in the Tory leadership contest. |
| Johnson lied and engaged in criminal conduct when he repeatedly claimed during the 2016 EU referendum that the UK sent £350m a week to Brussels, lawyers for a 29-year-old businessman who has launched the prosecution bid told a court last week. | Johnson lied and engaged in criminal conduct when he repeatedly claimed during the 2016 EU referendum that the UK sent £350m a week to Brussels, lawyers for a 29-year-old businessman who has launched the prosecution bid told a court last week. |
| A legal team assembled by Marcus Ball, who has accused the former foreign secretary of misconduct in public office and raised more than £400,000 to finance the prosecution, laid out their case in front of District Judge Margot Coleman. | |
| The case concerned the “now infamous claim” by Johnson about the £350m, Lewis Power QC told Westminster magistrates court. He insisted that the case was not about preventing or delaying Brexit. | The case concerned the “now infamous claim” by Johnson about the £350m, Lewis Power QC told Westminster magistrates court. He insisted that the case was not about preventing or delaying Brexit. |
| Judge Coleman ruled: “The allegations which have been made are unproven accusations and I do not make any findings of fact. | |
| “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 as drafted. The charges are indictable only. | “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 as drafted. The charges are indictable only. |
| “This means the proposed defendant will be required to attend this court for a preliminary hearing, and the case will then be sent to the crown court for trial. The charges can only be dealt with in the crown court.” | “This means the proposed defendant will be required to attend this court for a preliminary hearing, and the case will then be sent to the crown court for trial. The charges can only be dealt with in the crown court.” |
| Acting for Johnson, Adrian Darbishire QC, told the court last week that the application by Ball had been brought for political purposes and was a “political stunt”. | Acting for Johnson, Adrian Darbishire QC, told the court last week that the application by Ball had been brought for political purposes and was a “political stunt”. |
| According to Crown Prosecution Service legal guidance, 'misconduct in public office' is committed when a public officer wilfully neglects to perform his duty and/or wilfully misconducts himself, to such a degree as to amount to an abuse of the public's trust in the office holder, without reasonable excuse or justification. | |
| The origin of the offence dates back to the 13th century, and it can carry a punishment of life imprisonment. The CPS cites the following examples of behaviour that have in the past fallen within the offence: | |
| wilful excesses of official authority | |
| 'malicious' exercises of official authority | |
| wilful neglect of a public duty | |
| intentional infliction of bodily harm, imprisonment, or other injury upon a person | |
| frauds and deceits | |
| A 2016 Law Commission report into the application of the offence found several problems with it, including that 'public office' lacks clear definition yet is a critical element of the offence, and that an 'abuse of the public’s trust' is also a crucial component, but is so legally vague that it is difficult for investigators, prosecutors and juries to apply. | |
| “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,” he said. “The application represents an attempt, for the first time in English legal history, to employ the criminal law to regulate the content and quality of political debate. That is self-evidently not the function of the criminal law.” | “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,” he said. “The application represents an attempt, for the first time in English legal history, to employ the criminal law to regulate the content and quality of political debate. That is self-evidently not the function of the criminal law.” |
| However, in her ruling today, the judge ruled that she was satisfied that there was a Prima Facie case for the allegation that there had been been an abuse of the public’s trust in a holder of office. | |
| She referred to statements provide by Ball’s team from members of the public which addressed the impact which “the apparent lie” had on them and cited the contention by Power that “there will be seldom be a more serious misconduct against a member of parliament or mayor than to lie repeatedly to the voting public on a national and international platform, in order to win your desired outcome.” | |
| While there was no immediate reaction from Johnson, long term critics of the MP and opponents of Brexit hailed the ruling. | |
| David Lammy, the Labour MP for Tottenham, tweeted: “Boris Johnson shamefully and deliberately lied about the cost of EU membership for personal and political gain. Regardless of what happens in court, this charlatan should never be allowed to become PM.” | |
| Ed Davey, the Liberal Democrat MP, said: “Given Boris Johnson wants to be the next prime minister of this country, it’s only right that he is held accountable for the lies he told in 2016.” | |
| “Boris Johnson has never had to rely on these vital public services. That’s why he doesn’t care about the impact of his campaign slogans. | |
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