The Director of Public Prosecutions is facing a High Court legal challenge over claims he failed to investigate alleged lockdown breaches by Downing Street advisor Dominic Cummings.
Max Hill QC has been accused of not probing Mr Cummings’ trip to Durham at the end of March, as well as a drive to Barnard Castle in mid-April, which the political aide insists was for the purpose of testing his eyesight.
A member of the public, Martin Redston, together with his legal team headed by Michael Mansfield QC, has applied for Judicial Review of the CPS decision not to investigate, filing papers at the High Court yesterday.
Mr Redston, who lives in London and insists he has followed coronavirus lockdown rules, has raised almost £20,000 online for the court challenge, and claims it is urgent to counter a “Cummings effect” which he says is undermining the government message.
“The rule of law should apply for all persons, irrespective of any friendships in government”, he said.
“My lawyers have lodged proceedings in the High Court to seek an urgent judicial review of the Director of Public Prosecution’s inaction over the alleged breaches of the Coronavirus Regulations by Dominic Cummings.
“One particular concern is the so-called ‘Cummings effect’ or ‘Cummings defence’ which has meant that people who previously were complying with the Regulations have sought not to adhere to them fully.
“Grounds include complaint of lack of appearance of independence to DPP's decision making.”
Part of Mr Redston's complaint is that Attorney General Suella Braverman joined cabinet colleagues in defending Mr Cummings, despite holding a role which involves overseeing the work of the CPS.
Mr Cummings, who is Prime Minister Boris Johnson’s top aide in Downing Street, was at the centre of a scandal last month when it emerged he had driven 260 miles to Durham with his wife and young child at the end of March, when he feared they were about to be struck down with coronavirus.
His wife had already begun to feel unwell at the time of the journey, and he was accused of flouting regulations he had helped to craft by travelling. However Mr Cummings insisted at an extraordinary press conference in the Rose Garden at 10 Downing Street that his trip was legitimate due to child care concerns.
Mr Cummings also came under fire for a drive to Barnard Castle - a beauty spot in the northeast - before their return to London. He claimed they took the trip so he could test his eyesight, fearing it had been affected by coronavirus and he wanted to check it was safe to make the long drive back to London.
Mr Redston initiated legal action after writing to the CPS to demand a statement saying it was investigating the matter. Once the deadline had passed, papers were filed at the High Court.
The CPS has said it will defend the Judicial Review action, insisting criminal investigations are police matters.
