Politics

Boris Johnson claims £350m criminal 'lie' trial is stunt to block Brexit


It was a key moment in the battle over Brexit – Boris Johnson wheeled out a bus emblazoned with a message that caused an instant storm.

The controversy intensified yesterday as a judge decided the Tory should face a criminal trial for saying in the run-up to the EU referendum that the UK gave Brussels £350million per week.

In a bombshell ruling, District Judge Margot Coleman said: “It is alleged the conduct of which the proposed defen­dant is accused was a huge lie calculated to mislead the electorate by using inaccurate and misleading statements.

“The statements were repeated on numerous occasions.”

Boris Johnson pictured in front of the bus in May 17 2016

 

The judge ordered Mr Johnson should be brought to court to face accusations of misconduct in public office over those £350million claims that were printed on the battle bus in 2016.

Critics claimed the amount funnelled to Brussels was far less.

The row will now form the centrepiece of a major legal battle that could overshadow the race to succeed Theresa May as Prime Minister.

Lawyers representing Marcus Ball – a 29-year-old spearheading the crowdfunded, private prosecution brought by pro-remain Brexit Justice – lodged an application at Westminster magistrates court to summons Mr Johnson.

The claims plastered on the side of the bus have come under scrutiny

Vote Leave campaign chief Dominic Cummings explained the controversial calculation in a blog for The Spectator revealing the group’s tactics.

He wrote in January 2017: “Sometimes we said, ‘We send the EU £350m’ to provoke people into argument.

“This worked much better than I thought it would.

“There is no single definitive figure because there are different sets of official figures but the Treasury gross figure is slightly more than £350m of which we get back roughly half, though some of this is spent in absurd ways like subsidies for very rich landowners to do stupid things.”

The Tory leadership candidate faces three allegations covering dates when he was London Mayor and an MP in the run-up to the referendum, and one covering the 2017 general election campaign, when he was an MP.

In her ruling, the judge said: “Having considered all the relevant factors I am satisfied this is a proper case to issue the summons as requested for the three offences as drafted.”

It risks the possibility of former Foreign Secretary Mr Johnson, 54, being embroiled in a high-profile court case while battling fellow Conservative MPs for the keys to No10.

A source close to Mr Johnson said: “This prosecution is nothing less than a politically motivated attempt to reverse Brexit and crush the will of the people.

“The decision to issue a summons is extraordinary, and flies in the face of hundreds of years of British democratic tradition.

Michael Gove and Boris Johnson, pictured on the Vote Leave campaign bus, both now wish to be Prime Minister

 

“The claimant asserts he is not motivated by politics. This is a lie.

“It is not the role of criminal law to regulate political speech.

“If this case is allowed to proceed then the state, rather than the public, will be put in charge of determining the strength of arguments at elections.”

Mr Johnson’s position, outlined in the judge’s ruling, described the application as a political “stunt”.

But the ruling stated that prosecution QC Lewis Power said: “[There] will seldom be a more serious misconduct allegation against an MP or Mayor than to lie repeatedly to the voting public on a national and international platform, in order to win your desired outcome.”

Boris Johnson has slammed the trial as a ‘stunt’

 

Misconduct in public office carries a maximum sentence of life in prison.

Because the alleged offences are so serious they can only be tried at a crown court. Firstly there will be a brief hearing at the magistrates court where the case could technically be thrown out.

A date has not yet been set for any court hearings. They could come after the leadership contest has concluded – meaning Mr Johnson, if he wins the race, may face trial as PM.

The legal ruling sparked fierce debate.

Health Secretary Matt Hancock, who is also bidding for the Tory crown, said: “However people voted in the referendum, we shouldn’t have courts judging on political debates.”

But Lib Dem MP Sir Ed Davey, of the Best for Britain campaign, 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 wants to be Prime Minister

The campaign claim wasn’t just used on the side of a bus

 

“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.”

Brexiteer Mr Johnson waved a Cornish pasty in Cornwall as the Vote Leave battle bus was launched, suggesting the £350million could go to the NHS.

Vote Leave campaign chief Dominic Cummings explained the calculation in 2017, saying: “There is no single
definitive figure because there are different sets of official figures but the Treasury gross figure is slightly more than £350million of which we get back roughly half, though some of this is spent in absurd ways.”

One of the highest-profile private prosecutions was brought by the parents of Stephen Lawrence who was murdered in 1993 aged 18.

The trial against three men in 1996 collapsed. But one of those men, as well as one other, was found guilty in 2012 of murder in a case brought by the CPS.

The man behind the legal action

Marcus Ball is the Remain-supporting activist who has spearheaded the battle to drag Boris Johnson to court.

A startup entrepreneur from Norfolk, he launched the “Brexit Justice” campaign in the wake of the 2016 vote.

Ball claimed earlier this month that the case was a “world first”.Speaking before a preliminary hearing, he said: “It has never happened before.

Marcus Ball is a Remain-supporting activist

“A member of Parliament has never been prosecuted for misconduct in public office based on alleged lying to the public.”

He has spent two years preparing the case, raising more than £400,000 from 9,000 donors to fund the legal action, brought on his behalf by solicitors Bankside Commercial.

Ball has said that he and his backers “aspire to set a precedent in the UK common law making it illegal for an elected representative to lie to the public about financial matters”.

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