Boris Johnson, the frontrunner to become the next leader of the Conservative party, faces trial over accusations of misconduct in a public office for comments made in the run-up to the 2016 UK referendum on EU membership.
Mr Johnson must attend court for a preliminary hearing, District Judge Margot Coleman has ruled.
Mr Johnson behaved in an “irresponsible and dishonest” way when he claimed during the 2016 Brexit vote that the UK sent £350m a week to the EU, a London court was told last week by lawyers representing a campaigner who wants to pursue a private criminal prosecution against the former foreign secretary.
“The allegations which have been made are unproven accusations and I do not make any findings of fact,” wrote Judge Coleman. “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.”
She added: “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.”
Marcus Ball is pursuing a criminal charge of misconduct in a public office against the Conservative MP over the £350m figure emblazoned on a red bus used by the Vote Leave campaign. He has raised almost £200,000 by crowdfunding the legal action and last Thursday his lawyers asked Westminster Magistrates’ Court to issue a summons that Mr Johnson should appear in court to answer the allegation.
The favourite to succeed Theresa May as prime minister was not at last week’s public hearing.
Lewis Power QC, acting for Mr Ball, told the court that the proposed prosecution was not a “political stunt” or about Brexit but was about the behaviour of those in public office.
Adrian Darbishire QC, acting for Mr Johnson, has previously told the court that his client “absolutely denied” that he had acted in an improper or dishonest manner at any time. He argued that the proposed prosecution would be a misapplication of the law because the criminal offence of misconduct in public office is “confined to serious abuse of state power”.
