Boris Johnson today launched a High Court bid to block a private prosecution for the £350 million “Brexit bonus” claims made during the EU referendum campaign.
Lawyers for the former Foreign Secretary and Tory leadership front runner, who was not in court, said the case against him was “politically motivated” and “vexatious”.
A crowdfunded prosecution has been brought by Marcus Ball, a 29-year-old campaigner and businessman.
Mr Ball is attempting to prosecute Mr Johnson for three allegations of misconduct in a public office over claims made during the 2016 referendum campaign that the EU receives £350 million a week from the UK.
Today’s judicial review hearing came after a district judge at Westminster magistrates’ court last month said there was a case to answer and referred the case to the crown court.
Mr Johnson’s lawyers told Lady Justice Rafferty and Mr Justice Supperstone, who are hearing the case, that the judge who issued the summons “erred in law” when reaching her decision.
They also argued the attempt to prosecute the MP is the culmination of a “politically-driven process”.
Adrian Darbishire QC, for Mr Johnson, said: “The only rational conclusion which could be reached (by the judge) was that the prosecution was politically motivated and, therefore, vexatious.”
Mr Ball, 29, claims Mr Johnson lied during the 2016 referendum campaign by saying Britain gave £350 million a week to the European Union.
Mr Darbishire said: “Doing something naughty on the hustings is not capable of being an abuse of state power.”
He added that there was “nothing new about claims of false statements being made in political campaigns”.
He said in relation to the £350m claim: “This is a figure that, as soon as it was said, was disputed.
“It’s still being adhered to today. There is nothing secret about it. It’s just a political claim open to, and available for, contradiction and debate.
“It was, and is, for the good sense of the electorate to discount it if they chose to do. It’s not for a judge and jury to determine the correctness of the claims.”
In a written decision on May 29, District Judge Margot Coleman said she was satisfied there was a proper case to issue a summons.
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”.
The hearing continues.
