Boris Johnson is due to be summonsed to court “within days” over claims he lied when he said the UK gave the EU £350 million a week during the 2016 referendum, according to the campaigner who brought the prosecution.
Allies of the Tory leadership frontrunner have attacked the court’s decision to summons him over allegations of misconduct in public office after making the claim during the campaign, following a private prosecution by campaigner Marcus Ball.
A statement issued on behalf of Mr Ball on Tuesday night said: “The summons should, subject to the court’s availability, be issued within the next few days, after which it will be served on Mr Johnson.”
A source close to the former foreign secretary said the prosecution was “nothing less than a politically motivated attempt to reverse Brexit and crush the will of the people”.
“The claimant has openly 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.”
Tory Brexiteer Jacob Rees-Mogg said the decision was a “troubling” abuse of process.
He told the Press Association: “It is trying to use the courts to achieve a political end which, I think, is neither right or proper. This is involving the courts in something that is not their area.
“We need courts and politicians to respect each other, and it is an abuse of process, and a troubling one. It has been brought by people who are resentful of the referendum result.”
He also told The Telegraph the Director of Public Prosecutions, Max Hill, should intervene.
“The DPP is independent and he ought to look at this because this is a deeply unsatisfactory precedent,” Mr Rees-Mogg told the paper.
Crown Prosecution Service guidance says it can take over and stop a private prosecution if “either the evidential sufficiency stage or the public interest stage” of its tests are not met.
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.
“I imagine there will be no shortage of senior judges who will feel acutely embarrassed about this,” he told the Press Association.
“Politicians at election times exaggerate, and say things that may or may not be true, and it’s the electorate, not the courts, who should decide whether they are reliable or not.”
I am satisfied that this is a proper case to issue the summons as requested
A date has not yet been set for a court hearing, but 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.
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 satisfied that this is a proper case to issue the summons as requested for the three offences as drafted. The charges are indictable only.”
In her ruling, Ms Coleman said: “The applicant’s case is there is ample evidence that the proposed defendant knew that the statements were false.
“One example is given that in a televised interview in May 2016 the proposed defendant stated, ‘we send the EU £10 billion per year’ and that therefore he knew that the £350 million per week figure (£20 billion per year) was incorrect.”
A section of the judge’s ruling included Mr Johnson’s position, which described the application as “a (political) stunt”.
The £350 million figure was 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 last week: “Democracy demands responsible and honest leadership from those in public office.
“The conduct of the proposed defendant Boris Johnson was both irresponsible and dishonest. It was, we say, criminal.”
Adrian Darbishire QC, representing Mr Johnson, said his client denies acting dishonestly.
Mr Ball has raised more than £200,000 through a “Brexit Justice” crowdfunding campaign to pay for the private prosecution.
The offence of misconduct in public office carries a maximum sentence of life imprisonment, according to the Crown Prosecution Service website.