Johnson could face trial as PM as he dismisses summons as ‘political stunt’
● Tory leadership frontrunner faces court accused of misconduct in public office
Allies of Boris Johnson have attacked a decision to summons the former foreign secretary to court over claims he lied when he said the UK gave the EU £350 million a week during the 2016 referendum.
The frontrunner in the Tory leadership race has been accused of misconduct in public office after making the claim during the campaign, following a private prosecution by campaigner Marcus Ball. But a source close to the MP said the prosecution was “nothing less than a politically motivated attempt to reverse Brexit and crush the will of the people”.
“The claimant has op enly admitted that his plan is to overturn the referendum via a legal challenge and he clearly intends to try and undermine the one man who can truly deliver Brexit. The decision to issue a summons is extraordinary, and flies in the face of hundreds of years of British democratic tradition.”
Tor y Brexiteer Jacob ReesMogg said the decision was a “troubling” abuse of process.
And Conservative former cabinet minister and barrister David Mellor said the ruling was a “deplorable absurdity”, and that courts should not adjudicate on what politicians do during election campaigns.
A date has not yet been set for a court hearing, but it could come after the Tory leadership contest has concluded – meaning Mr Johnson, if he wins the race, may face trial as prime minister.
His first appearance at magistrates’ court could occur during the contest.
Lawyers representing Mr Ball lodged an application to summons Mr Johnson to court, claiming he had deliberately misled the public during the Brexit referendum campaign in 2016 and then repeated the statement during the 2017 general election.
In a written decision, District Judge Margot Coleman said: “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 sat isfied that this is a proper case to issue the summons as requested for the three offences as drafted. The charges are indictable only.”
A section of the judge’ s ruling included Mr John son’ s position, which described the application as“a( political) stunt”.
The£350mfigurew as emblazoned on the red campaign bus used by Vote Leave during the referendum, with the slogan saying “We send the EU £350 million a week let’s fund our NHS instead”.
Lewis Power QC, representing Mr Ball, told Westminster Magistrates’ Court at a hearing last week :“Democracy demands responsible and honest leadership from those in public office.”
newsdeskts@scotsman.com