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Excl: DPP asked to bypass police/CPS, prosecute May, Davis directly

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Theresa May and David Davis in the Commons

On Monday the SKWAWKBOX published the letter sent by highly-regarded barrister David Wolchover to Cressida Dick, the Commissioner of the Metropolitan Police. The letter asked Commissioner Dick to initiate proceedings in what Wolchover considered a legally-straightforward case of ‘grave’ and criminal ‘Misconduct in a Public Office’ involving abuse of parliamentary and constitutional procedure by Theresa May and Brexit Secretary David Davis.

Although he had written personally to Cressida Dick, Mr Wolchover received only what he termed a ‘perfunctory’ reply from a Met Police commander. The Met’s response to a formal press enquiry by the SKWAWKBOX could best be termed non-committal. It seems unlikely that the police – and therefore the Crown Prosecution Service (CPS) will take the matter further, in spite of its legal simplicity and allegedly obvious ‘grave’ criminality.

However, another avenue is available in the right circumstances – and Wolchover has taken it. He has written personally to the Director of Public Prosecutions (DPP), Alison Saunders, asking her to intervene and conduct the criminal case herself.

Wolchover’s letter – available in full at the end of this article – outlines the case against May, Davis and others, including their alleged ‘wilful and knowing’ misleading of Parliament in the Brexit process. He then reminds Ms Saunders of her duty to pursue the case personally:

dpp

The Prosecution of Offences Act 1985 puts a duty, an obligation, on the DPP to bypass the usual police/CPS route to prosecution in cases of special importance, in order to personally ‘conduct’ criminal proceedings in important or difficult cases – and as Wolchover points out to Ms Saunders, a case involving the Prime Minister and a Secretary of State would certainly qualify in both regards and would render the police unlikely to pursue it.

Mr Wolchover concludes his letter with a reminder to Ms Saunders of her duty under the Act, the clarity of its importance and the legal simplicity that means it should not be left for the police to ‘fight shy’ of pursuing it:

The case is certainly not difficult in legal terms and its importance goes without saying. However, the political implications may cause the police to fight shy of becoming involved, which is precisely why I would invite you to assume the proactive role envisaged by s.3(2)(b).

The letter was delivered to Ms Saunders’ office and signed for at 07.47 hrs this morning and has so far only been disclosed to the SKWAWKBOX. Ms Saunders’ office has been contacted for comment.

In spite of the allegedly clear case, Mrs May’s and Mr Davis’ guilt cannot of course be presumed. But the information provided is self-evidently enough – and its subject matter of sufficient, indeed overwhelming, importance – to demand that the case be properly pursued.

The prominent positions of those involved cannot be allowed to prevent that. In fact, they make proper – and public – proceedings more essential.

The full letter is available for download here: DW letter to DPP Saunders

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11 comments

  1. The CPS have thus far not only given us the solitary token prosecution of a single tory MP for fiddling election expenses from something like two dozen ‘investigated’ – and even he hasn’t been tried yet.

    Nor did they have the courage to prosecute michael green/seb fox/grant shafts (or whatever he’s calling himself this week) despite the police stating what he did ‘may constitute an offence of fraud’.

    So I won’t hold me breath…

    1. It’s how the they roll. Leaning on the victims of, and witnesses to, Establishment criminality is more their speed.

  2. Hey Skwarkbox,

    I for one and thrilled by Barrister David Wolchover’s action. I trust his forthright approach will yield results, expose any wrongdoing, deceit and misinformation where proven, and prosecute as a result. No holder of public office regardless of perceived status should be able to act with impunity:democratic politics should be fully transparent at all times. Secrecy breeds distrust and public contempt.

    Good luck David! I’m not a rich man but if you need an extra couple of quid to pay for the cost of getting a prosecution just let me know. I don’t mind chipping in to have my faith in the legal system restored either 😉

    It’s a legally-straightforward case of ‘grave’ and criminal ‘Misconduct in a Public Office’.. I keep reading this and getting butterflies: it’s as if it sets a precedent for other prosecutions to follow: like a house of cards built on sand shifting and being raised to ruin. Is this the real turning point as the proverbial coup de grace begins its slow painfully excruciating and deliberate snip of the Tatty Tory Rose? If so, May you be broadcast in Panavision and Technicolor as you wither to a greying wizened weed.

    Namaste 🙂

    DN

  3. Heard on Radio 4 Dominic Greive complaining about the child abuse allegations into former PM,Sir Edward Heath by Wiltshire Police.

    Funny isn’t it whenever it’s Top Tories being investigated the squeals from the party and it’s supporters are reading my loudly announced by the Tory supporting BBC and other LSM outlets.
    I have it on good authority that the Tory Brexitieers are secretly planning a Hard Brexit, since backed today by the German Federation of Business advising it’s members to prepare for a Hard Brexit.

    1. Hey KrazyKlaws,

      Whether proven or not, the mere fact that allegations were raised and investigations launched against a holder of Public Office should be sufficient to have individuals removed immediately from Office and their case pursued to its rightful end in the public domain. If proven guilty I would then also like to see a robust public investigation into the family, friends, and politicians surrounding this person as well as the entire Political Party they head up, with an objective of exposing anyone who covers up for possible evil being knowingly perpetrated. People who do so are equally as diseased as those carrying out the child-sex-abuse itself.

      National newspapers, media channels, and any other outlets that promote an acceptable face of these heinous individuals should also face public prosecution. Whilst those in ‘power’ are able to allegedly abuse children and have allegations made against for doing so what protection are children ever really likely to get from this filth?

      Namaste 🙂

      DN

  4. Of course the Establishment will, as always, look after there own. I expect they will conveniently sweep this under the carpet as they have done with 18 Tory electoral fraudsters.

  5. I believe that May has created a constitutiinal crisis. This should also be met head on:

    The bill to pay the DUP is a supply and demand bill. The Tory administration has quadrupled the national debt and yet they seem to be able to tend their own money tree… The last time a supply bill was refused by an upper house was Australia in the mid 1970s. The direct result of this was a constitutional crisis in which the Queen stepped in and dismissed the government, and this I might add was an elected government, not a government trying to be returned from an election.
    Theresa May has created a constitutional crisis for the Queen, all it takes is for the Upper House to refuse supply and refuse to release the money to pay what in effect is a bribe, paid for votes, to prop up a discredited Theresa May and her band of tories.
    The solution for the Queen is obvious, precedent set in 1975 tells us that HM must dismiss Theresa May and her so-called government triggering an election.

    For balance…a criticism: exUK says…You are all demented idiots! If you want to ruin the UK by heaping further problems,and suggesting changes at this critical time,especially suggesting that Corbyn should deal with it,along with his racial antisemitic crew,you dont want anything other than the fall of the pound,and the demise of the UK.

    So you have a ‘thing’ for this mad woman in Downing St? It is she and her immediate cabal who have brought about this situation…Using one of her favourite phrases against her, ‘let us be clear on this.’ She and her cabal have brought about a constitutional crisis. It parallels the supply bill crisis of 1975 in which the Queen was instrumental in sacking an elected and constitutional government. This occasion is arguably worse. May lied to the Queen, lied to the Royal advisors…demonstrably lied about an agreement with the DUP, lied again about having the numbers to form a government, lied about when her government was constituted. The Queen showed her displeasure by clearly showing support for the EU in the outfit she wore to deliver her Queen’s Speech, which was in turn brief, lacking detail, and usual protocol. May’s actions have endangered the Good Friday Agreement, the brexit negotiations, the very stability of government in Britain. The Queen may have no alternative but to follow precedent set in 1975 and dismiss May and her cabal… it is not dear exUK of wanting to ruin the UK by suggesting changes. This is the legacy of May and her cabal…and if their actions bring them down, they will come crashing down.

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