High court judges threw out a case accusing Boris Johnson of misconduct in public office over claims he made in the Brexit Referendum

A judge who ruled Boris Johnson should not face trial over allegations he lied during the EU referendum failed to declare a possible conflict of interest, Metro.co.uk can today reveal.

Marcus Ball, 30, failed in a private prosecution against the Prime Minister over the Leave Campaign’s £350million message that was written on the side of a bus.

Allegations of misconduct in public office reached the High Court in June where Michael Supperstone QC was one of the judges who shut the case down.

However, Mr Ball has since discovered the judge is a member of the Garrick gentlemen’s club along with Mr Johnson’s father Stanley and cabinet minister Michael Gove.




He told Metro.co.uk: ‘If a judge was hearing a criminal prosecution case against a member of a street gang and he failed to disclose that he spent his social time in a pub frequented by the accused’s father and fellow members of this gang it simply wouldn’t be accepted.

‘But with the Garrick the rules are different. Is there a danger that we have one rule for one social class and another for the others?’

Marcus Ball has campaigned to tighten laws to prevent MPs lying in public office (Picture: AFP)

Further investigation found that in 2008, while Boris was Mayor of London, Mr Supperstone received £35,500 form the Greater London Authority (GLA) for ‘consultancy’ services.

Mr Johnson quoted the judge in a speech about planning in September that year and Mr Ball says this past connection should have prevented him from hearing the Leave Campaign case due to a conflict of interest.

He said: ‘No member of the public would be happy for a judge to hear a criminal case between themselves and an alleged wrongdoer when that same judge had themselves previously worked for the alleged wrongdoer as their lawyer.

‘Especially not when the judge and the accused had not disclosed this information at any point and had instead chosen to conceal it as well as payment of £35,500.’

Mr Ball has complained to the Judicial Complaints Investigation Organisation (JCIO) and they will make a decision within five months.

Mr Ball has complained that both judges have connections to allies of Boris Johnson’s (Picture: AFP)

He has also raised concerns about Lady Justice Rafferty who was on the High Court Panel that threw out the Leave Campaign case.

Her husband Brian Barker QC worked for government minister close Johnson ally Theresa Villiers, who joined him on the campaign on the infamous Brexit battle bus bearing the £350 million message.

The PM, Lady Rafferty and Ms Villiers are all members of the Privy Council.

Mr Barker received £848 a day from Ms Villiers’ office while working as chairman of the Northern Ireland Committee.

Mr Ball says this was evidence that Lady Justice Rafferty’s household had also benefited.

He said: ‘As a result, you would be ruling against the actions and interests of a powerful professional ally of your husband who has significantly financially benefited your own household.’

Government minister Theresa Villiers campaigned around the UK on the infamous Brexit battle bus (Picture: Getty images)

Throwing Mr Ball’s case out in August this year, Lady Rafferty said misleading information in political campaigning is not new and there were laws to deal with ‘certain false campaign statements’.



She said this did not include false statements relating to publicly available statistics and found the district judge’s decision to prosecute Mr Johnson would have ‘extended the scope’ of the offence of misconduct in a public office.

Mr Ball said: ‘I’ve spent over three years of my life working hard to ensure that elected public office holders are legally required to be honest with the public.

‘I am astounded that I have had to work so hard for several months to ensure that judicial public office holders are forced to do the same.

‘I request that these judges recuse themselves immediately and cooperate fully with the JCIO for the purposes of this complaint.

Marcus Ball says his faith in the judiciary has been ‘reduced to nothing’ (Picture: AFP)

‘For the time being my faith in the judiciary has been reduced to almost nothing.’

His comments come as a petition calls for more robust punishment for MPs who have been found to have lied following an apparent spread of disinformation during the General Election.

A spokesman said: ‘The JCIO confirms it has received a complaint in connection with Mr Justice Supperstone and Lady Justice Rafferty. Complaints to the JCIO are considered under the regulations. ‘

Downing Street has been contacted for comment and the judges are not able to comment on specific cases.

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