The Electoral Commission had to face two Parliamentary Select Committees today after their humiliating defeat in court by Darren Grimes last Friday. Craig Mackinlay – who knows Electoral Commission incompetence only too well, took Chief Executive Bob Posner to task over their decision to relentlessly pursue Grimes while failing to fully investigate Remain campaign spending irregularities. Posner mumbles something about following those “strands” and “maybe” fining a couple of groups. They did nothing of the sort…

Instead Posner makes clear that the Electoral Commission are still considering appealing against the Darren Grimes judgement despite having already spent half a million of taxpayers’ cash on the case, although Posner points out that part of that was on the Vote Leave aspects of the case. The High Court having previously found that the Electoral Commission caused the problem in the first place by giving Vote Leave incorrect legal advice…

It’s worth looking at the specifics of the Grimes case. Guido was in the courtroom:

The Commission’s case against Grimes himself was nothing to do with the spending limit issue around Vote Leave. So they went after him on a technicality instead…

The Commission’s first charge was that he had not filled a form in correctly to register as an ‘unincorporated association’ rather than an individual. An issue they didn’t flag at all in their first two investigations into Grimes – which found nothing.

They then slapped a second offence notice on him for subsequently submitting an “over-complete” spending return. Kafka-esque.

The judge found their form itself was highly confusing and that Grimes had filled out the majority correctly, and to the extent he hadn’t it didn’t matter. The dispute centred around a single box…

The judge also found that the Commission had essentially constructed their case the wrong way round. In effect they assumed Grimes’s guilt first and then challenged him to prove his innocence beyond reasonable doubt.

This led them to exclude a large amount of evidence in Grimes’ favour. Precisely the opposite of how the law is meant to work.

The judge also ruled that even if they hadn’t been wrong on the offences themselves, the maximum £20,000 fine was still disproportionate. It was vexatious.

The full judgment is yet to be published, but the outcome of the case was clear. The Electoral Commission weren’t just defeated, their whole case against Grimes was thoroughly debunked. Their QC James Eadie didn’t even bother to turn up to hear the judgment. The fact that their apparatchiks are now considering dragging it out and blowing even more taxpayers’ money just to try to save face is beyond belief…