Sobering stuff from Riccardo Bosi
Judge Margot Coleman's reasons for allowing private prosecution of Boris Johnson

Private prosecution of Boris Johnson for misconduct in public office

More on ours soon. 

 

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Boris Johnson has been ordered to appear in court over claims he lied by saying the UK gave the EU £350m a week.

The Tory leadership candidate has been accused of misconduct in public office after making the claim during the 2016 EU referendum campaign.

It is a private prosecution launched by campaigner Marcus Ball, who crowdfunded £200,000 for the case.

A source close to Mr Johnson called the case a "politically motivated attempt to reverse Brexit".

His lawyers argued it was "a stunt".

The preliminary hearing will take place at Westminster Magistrates' Court and the case will then be sent to the Crown Court for trial.

The BBC's assistant political editor, Norman Smith, said the allegations could not come at a worse time for Mr Johnson, and his critics are likely to use the claims against him in the upcoming contest to become next Tory leader and prime minister.

The £350m figure was used by the pro-Brexit Vote Leave group throughout the referendum. It also appeared on the side of the campaign bus, which urged the UK to "fund our NHS instead".

Vote Leave's campaign busImage copyrightGETTY IMAGES

The former foreign secretary faces three allegations of misconduct in public office, between 21 February and 23 June 2016, and between 18 April and 3 May 2017.

The first period covers the time in which he campaigned for a Leave vote in the EU referendum, while the second covers the general election campaign that year.

Mr Ball's lawyers lodged an application in February to summons Mr Johnson, claiming that while an MP and mayor of London, he deliberately misled the public during the first campaign, and repeated the statement during the second.

Lewis Power QC, who represents Mr Ball, said Mr Johnson's conduct had been "both irresponsible and dishonest".

"Democracy demands responsible and honest leadership from those in public office," he said.

'Infamous statement'

Mr Power said the prosecution's application was not brought to undermine the result of the 2016 referendum and it was not about what could have been done with the saved money.

"The allegation with which this prosecution is concerned, put simply, is Mr Johnson repeatedly misrepresented the amount that the UK sends to Europe each week," he said.

"It is concerned with one infamous statement: 'We send the EU £350m a week.'

"The UK has never sent, given or provided £350m a week to Europe - that statement is simply not ambiguous."

Presentational grey line

What is misconduct in public office?

  • It's an ancient offence with roots back to the 13th Century
  • It can only be brought against someone who is exercising some kind of official function - such as a civil servant, a prison officer or someone else entrusted to carry out a public role
  • Someone is guilty of the offence if a prosecution can prove that the official wilfully neglected to perform their duty - or "misconducts" themselves - to such a degree that it amounts to an abuse of the public's trust in the office holder
  • The offence can lead to life imprisonment
Presentational grey line

The source close to Mr Johnson said the decision to summon him was "extraordinary" and "risks undermining our democracy".

"It is not the role of criminal law to regulate political speech," they said.

"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."

The private prosecution was also criticised by Conservative MP Jacob Rees-Mogg, who said it was "fundamentally ill-judged and improper".

"It is a grave error to try and use legal process to settle political questions," he told the BBC.

"The issue at hand is whether it was right to use the gross or net level of our contribution to the European Union - that is a matter of free speech and the democratic process."

But in her written ruling, District Judge Margot Coleman said: "The applicant's case is there is ample evidence that the proposed defendant knew that the statements were false."

She continued: "I accept that the public offices held by Mr Johnson provide status, but with that status comes influence and authority."

She added that there was sufficient evidence of an issue to proceed with a trial, though she stressed the allegations were currently unproven.

 

 

Comments

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PeterC

There is a new movement on the political scene. It is called 'propertarianism' and in essence it holds politicians and all public figures to account. If these people lie in the public space with a view to advancing a cause or make people vote a certain way then they can be held criminally and civilly liable because their lies are a form of theft and injurious to the public good.

It also means if these politicians flood your neighbourhood with economic migrants who don't assimilate, cause a degradation in your lifestyle, threaten your safety and despoil your suburb affecting property values and causing you to move out - then these politicians have effectively caused you harm and stolen from you in a very real and very tangible way. It also means that politicians that spend and borrow billions of dollars on dud projects or known frauds like 'climate change' can be sued and sent to gaol for causing harm to the public good. Under propertarianism these politicians can be prosecuted and held to account for such actions.

So, while I don't necessarily agree with prosecuting Boris Johnson the fact is, if he lied and knowingly did so, then he needs to be held to account under these principles. This is a form of governance that is right for the times. It's time to hold liable these liars and false prophets.

https://www.youtube.com/watch?v=hl2p3LW2i2I

Philip

Get Gillard for No carbon tax it was a lie one of many.

wal1957

Wow!
If politicians are going to be sued for lying we will need to build more prisons.
Good thing too. We need a bloody big clean-out to rid ourselves of the filth that supposedly represent us!

PB

An ancient offence deserves an ancient punishment, so I suggest the stocks in a Town-Square and a host of rancid vegetables in the hands of laughing maidens true form a part of the disciplinary process. True, I support Brexit, but it would still be fun to watch.

PeterC

For those interested in Propertarianism and the punishment of people in positions of power who lie, see here:

https://www.youtube.com/user/DeAristocratia/videos

Jeff

Gillard proposed to wear out the leather on her shoes visiting every electorate in Australia explaining her decision to reverse her carbon tax promise . She never made any attempt to do that , I waited for months with the kettle on . I demand to be compensated

Mycroft

Yes, he was wrong, the UK DOES send the EU 350m pounds (actually more) but in return they receive hundreds of thousands of third world immigrants so there is a NET gain to the UK right? ...right??

A left wing activist, a left wing support group, and a left wing magistrate - we are that close to the precipice because of the cucks that infest our political landscape.

Up The Workers!

PLEASE! PLEASE! PLEASE!

No more rancid 'vegetables'!

Canberra is already full of the bludgers, as it is!

Uri

Nobody seems to be questioning the timing of this, it is just dirty tricks from the lefty globalists who don't want to see Boris in the top job after Theresa Mays resignation next week because Boris is a no deal brexiteer. They have had 3 years to bring this before a judge, why now?

seeker of truth

Here's Johnson reconfirming that the UK will be better off to the tune of 350 million pounds per week in a Brexit exit.

https://www.telegraph.co.uk/news/2017/09/15/exclusive-boris-johnson-yes-will-take-back-350m-eu-nhs/

https://webcache.googleusercontent.com/search?q=cache:LUty_ujg1PwJ:https://www.telegraph.co.uk/politics/2017/09/15/boris-johnson-vision-bold-thriving-britain-enabled-brexit/+&cd=1&hl=en&ct=clnk&gl=au&client=firefox-b-d

Here's an article on roughly what the UK pays to the EU. It is 350 million pounds per week but there is a catch. UK gets a 100 million pounds rebate per week. It is calculated on the previous year's payments. Nothing is paid weekly either but Johnson has averaged it out on a weekly basis so that it makes sense to the voters. The actual amount is in Billions of pounds over the year but people can't get their heads around a billion pounds but they can when it is simplified to millions per week.
On the rebate - "The government then gets some of that money back, mainly through payments to farmers and for poorer areas of the country such as Wales and Cornwall."

https://fullfact.org/europe/our-eu-membership-fee-55-million/

It seems to me that there is a payment in advance then followed later by the rebate. It is just how it appears in the books that is important.

Senex

Who is Marcus Ball? That is the important question...

Michael (Tango Delta Alpha)

When you get round to reading the reasons for judgment (next post by MPS) you will see it is futile for you to defend what BoJo said (350m/wk) and paintd on his bus, as the truth - BoJo himself has said on TV a different lower number.

seeker of truth

You and I won't be on the jury. That is a good thing.

To be found guilty, Boris has to meet all the elements of what is abuse of public office -

1. Was he acting as a public officer at the time of the offences or was he representing himself in some other capacity?

2. Did he wilfully neglect to perform his duty as a public officer and/or wilfully misconduct himself?

3. Is that neglect or misconduct to such a degree as to amount to an abuse of the public's trust in the office holder?

4. Where his actions done without reasonable excuse or justification?

The jury must also consider -

"There must be a serious departure from proper standards before the criminal offence is committed; and a departure not merely negligent but amounting to an affront to the standing of the public office held. The threshold is a high one requiring conduct so far below acceptable standards as to amount to an abuse of the public's trust in the office holder. A mistake, even a serious one, will not suffice."

https://www.casemine.com/judgement/uk/5a8ff70e60d03e7f57ea6e28

Jeff

Promised not proposed

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