Boris Johnson ordered to appear in court over £350m claim during Brexit referendum

BORIS Johnson will be summonsed to court to face accusations of misconduct in public office over claims he was lying when he said the UK gave the EU £350 million a week.
Boris Johnson, who will be summonsed to court to face accusations of misconduct in public office over claims he was lying when he said the UK gave the EU 350 million a week. Picture: Stefan Rousseau/PA WireBoris Johnson, who will be summonsed to court to face accusations of misconduct in public office over claims he was lying when he said the UK gave the EU 350 million a week. Picture: Stefan Rousseau/PA Wire
Boris Johnson, who will be summonsed to court to face accusations of misconduct in public office over claims he was lying when he said the UK gave the EU 350 million a week. Picture: Stefan Rousseau/PA Wire

The favourite to win the Tory leadership race faces a private prosecution by campaigner Marcus Ball.

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.

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The Brexit battle bus, which featured the claim that the UK gave £350 million to EU a week, made an appearance in Portsmouth during the run-up to the Brexit vote. 

Boris Johnson, who will be summonsed to court to face accusations of misconduct in public office over claims he was lying when he said the UK gave the EU 350 million a week. Picture: Stefan Rousseau/PA WireBoris Johnson, who will be summonsed to court to face accusations of misconduct in public office over claims he was lying when he said the UK gave the EU 350 million a week. Picture: Stefan Rousseau/PA Wire
Boris Johnson, who will be summonsed to court to face accusations of misconduct in public office over claims he was lying when he said the UK gave the EU 350 million a week. Picture: Stefan Rousseau/PA Wire

Michael Gove and Portsmouth North MP Penny Mordaunt were pictured standing beside the bus in June 2016. 

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Brexit Battle Bus appears in Portsmouth

It was announced today that Mr Johnson will have to appear before court to face accusations of misconduct in public office. 

In a written decision, District Judge Margot Coleman said he will be summonsed to court.

Michael Gove MP with Portsmouth North MP Penny Mordaunt in front of the Brexit bus outside 1000 Lakeside in Portsmouth. Picture: Malcolm WellsMichael Gove MP with Portsmouth North MP Penny Mordaunt in front of the Brexit bus outside 1000 Lakeside in Portsmouth. Picture: Malcolm Wells
Michael Gove MP with Portsmouth North MP Penny Mordaunt in front of the Brexit bus outside 1000 Lakeside in Portsmouth. Picture: Malcolm Wells
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She wrote: ‘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.

‘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.

‘The charges can only be dealt with in the Crown Court.’

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.

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‘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’.

His position in summary said: ‘This application is brought for political purposes. The position presented to the Court is that this is a disinterested attempt to improve the standards of political debate.’

It added: 'The application is a (political) stunt. Its true purpose is not that it should succeed, but that it should be made at all. And made with as much public fanfare as the prosecution can engender.’