Investigate Dominic Cummings
Investigate Dominic Cummings
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Latest: Aug. 9, 2020
Waiting for a Court Date.
We are now awaiting our date for a Court Hearing. We assume that this will be after the Summer recess, so possibly September if we are lucky and the court backlog isn’t too great. We will let y…Read more
Who am I?
My name is Martin Redston and I am bringing judicial review proceedings against the Director of Public Prosecutions for his failure to properly consider the actions of Dominic Cummings, the chief advisor to the Prime Minister Boris Johnson, in relation to a potential breach of Regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350.
I, like many other citizens, have fully complied with the Government’s lockdown requirements at all times. Despite the police and the public having been made aware of Mr. Cummings’ potential breaches of the rules since 22nd May 2020, there has been no investigation into those potential breaches in London.
Why does this matter?
The rule of law should apply for all persons, irrespective of any friendships in government. The public health measures which were put in place to protect us must be applied to everyone, including in particular those who helped to make the rules. A number of individuals in public office who have flouted those strict rules have resigned. That provided some accountability for breach of the law by those who are central to the public health message and the need to encourage full compliance. In respect of Mr. Cummings, however, representatives of the Government have taken to social media in support of him. The Attorney-General has tweeted in support of Mr. Cummings’ actions. This raises a real concern over the state’s obligation properly and fairly to investigate the case of Mr Cummings where a law officer has prejudged it by issuing a peremptory statement that sought to exculpate Mr Cummings, without due process of the law.
Dominic Cummings left London on 27th March and travelled approximately 260 miles north to Durham in a car together with his wife and child. At the relevant time the law required all persons to remain at home save for limited prescribed purposes. The journey would take 5 hours or so, not allowing for breaks and stops on the way.
On the same day, 27th March, and before leaving London, Mr. Cummings had left work and gone home to see to his wife, and then returned to work in the afternoon, despite his wife exhibiting symptoms of Covid-19. Mr. Cummings subsequently, together with his wife and four year old child, also took an unnecessary car journey to Barnard’s Castle which, he has said, was in order to test his eyesight while driving, in preparation for a longer journey back to London.
Since these events three months has passed, and there has been no indication that any state authority, including the DPP, shall inquire into the matters relating to the London breaches. Indeed there have been some very quick indications that no inquiry would follow from the briefest of possible considerations by some state bodies. By 22nd May it was known to the public and the police that Mr. Cummings had potentially breached the regulations. Since then there has been no due consideration of accountability for Mr. Cummings’ actions in London on 27th March.
Ultimately Mr. Cummings then held a press conference on 25th May ending with the following words: “I know the British people hate the idea of unfairness. I wanted to explain what I thought, what I did and why, over this period, because I think that people like me who helped to make the rules should be accountable for their actions.”
At that juncture police were already in possession of the fact that Mr. Cummings had left his house in London twice on 27th March 2020.
I have instructed lawyers to assist me with this matter: Michael Mansfield QC, who is leading counsel Philip Rule, instructed by Lorna Hackett at Hackett & Dabbs LLP.
What are we trying to achieve?
Last Wednesday, 3rd June, my lawyers wrote to the Director of Public Prosecutions expressing concern that no action had been taken in relation to the alleged breaches by this public figure in London. This inaction may result in the loss of additional evidence which could otherwise be gathered by prompt investigation. This in turn could lead to the serious loss of public confidence in the accountability of government employees. There is a current public health emergency, and I am alarmed at the inactivity over the actions of Mr. Cummings which could be contributing to breaches of the lockdown rules at a time when this will cost lives.
Despite setting a deadline for substantive reply that has now passed, the only response was by email on 8th June 2020 wherein the DPP notified my lawyers that “This has now been passed to colleagues in our Special Crime Division, who will provide a response to you in due course.” This reply does not suggest that any investigation has been instigated, otherwise they would have said so.
When further urgent confirmation was sought that there was any active consideration taking place, it was met by silence. We, the public, must be at the forefront of the seeking of a just process in this case to restore public confidence.
What you can do to help
We need to raise £30,000 as an initial target to enable the case to proceed. Please do contribute whatever you can to ensure that the DPP complies with his legal obligations and share as far and wide as you can on social media to enable me to meet the target needed to lodge proceedings in court. I am deeply grateful to you for reading my crowd funding page. Thank you.
Aug. 9, 2020
Waiting for a Court Date.
We are now awaiting our date for a Court Hearing. We assume that this will be after the Summer recess, so possibly September if we are lucky and the court backlog isn’t too great. We will let you know as soon as we are informed.
In the meantime, please keep spreading the word.
Thanks for your support.
Aug. 4, 2020
We're still pressing on with vigour in the High Court. We've had a couple of knockbacks as you would expect. Our ace legal team has now filed further documentation with compelling reasons to move on up the chain to a full hearing.
It becomes more important than ever to raise the funding effort to meet costs that may be incurred at each stage of this public interest case.
July 27, 2020
Update 27 July 2020
We’re waiting for the judge to get back to us to make a decision about whether we can go ahead with our Judicial Review or not. Whilst we wait, the issue is as important as ever given how the Covid situation changes from day to day and the “Cummings” effect contributes to some sectors of the community not bothering to maintain social distancing. It is a prime national health danger.
This Article of 14th April has just been brought to my attention (https://www.theguardian.com/uk-news/2020/apr/14/man-wrongly-convicted-under-coronavirus-law-met-police-admit?CMP=Share_iOSApp_Other). I note particularly that Max Hill, the DPP, had said the at the beginning of lockdown that “We recently launched our interim charging protocol where we set out that any offending related to coronavirus will be treated as the highest priority, and we will not hesitate to bring offenders to justice.”
The highest priority! How come there is one law for them and another law for the rest of us?
July 16, 2020
The Wheels of Justice.......
The Wheels of Justice grind slowly. We've done all we can to advance the process. If we could do more we would. On 16th June, after about 10 days of correspondence with the DPP, we filed comprehensive grounds for a Judicial Review of the DPP's inaction in relation to alleged breaches of the lockdown rules by Dominic Cummings that so outraged the public and Press when disclosed at the end of May.
The DPP acknowledged the claim and contested it on 1st July and our legal team replied with a detailed and robust rebuttal on 5th July. So it is now for the Judge to decide on all these voluminous papers whether to give permission for the Judicial Review to proceed. We think it would only be right he should do so.
How long might it be before we get a decision? Hard to say. We know the courts are struggling under the weight of many unheard cases. We know that the summer recess is coming soon. We believe our case to be a matter of urgent public interest in a continuing public health crisis. As soon as we hear anything from the Judge we will update this page and let all our supporters know.
We are still raising money for the case. We have already had to pay court costs. The DPP have told us what their costs would be if we end up having to pay them and our legal team have been obliged to inform the court and the DPP what our costs are likely to be. This all adds up.
Every contribution made is highly valued by us. Each donation represents the continuing anger in the country that those at the heart of government may interpret the rules at their convenience whilst so many have complied whilst struggling with the loss of family members and loved ones or simply the difficulties of managing in a lockdown situation.
July 7, 2020
Back to the Judge!
My lawyers have quickly produced a very comprehensive and robust response to the DPP’s Acknowledgment (which sought to kick the issue further into the long grass) and this has now been filed with the High Court.
Our request for a Judicial Review gives rise to major issues of public importance, specifically:
- adherence to the rule of law
- public confidence in the rule of law
- the role of the DPP; and
- Seeking to ensure DPP free to make independent decisions without undue influence
We now wait for a judge to consider giving permission to proceed.
Please keep up the good work and spread the word widely.
July 4, 2020
We've now received an acknowledgment from the Government to our case and will have a detailed update soon.
Watch this space.
July 2, 2020
Update by Law Graduate on Private Prosecution Fundraiser
Young law graduate fundraising for legal advice for private prosecution of Dominic Cummings posted following update on her GoFundMe page:
"We have liaised with other legal teams concerned with the prosecution of Dominic Cummings. The teams have recognised that some of our approaches have led to duplication of work. Having assessed the approach of other teams we are content for they to carry on in their pursuit of a prosecution of Mr Cummings for breach of section 6 of the Covid Regulations using their more advanced approach. Our legal team are now focusing resources towards establishing whether other criminal offences have been committed by Dominc Cummings and whether those offences may be pursued by way of private prosecution. A further legal advice exploring these issues will follow shortly."
June 26, 2020
Boris Johnson referred today to "people taking too many liberties with the guidance" . He's right but previously said Dominic Cummings did the right thing when he apparently "took liberties" and "relied on "his instincts" when we were in strict lockdown.
Thank you to each and every supporter for your valuable contribution. We are still fundraising. So please join our supporters and donate what you can to help.
June 22, 2020
What Robert Jenrick Said
June 19, 2020
The Clock is Ticking
Thank you so much to each and every supporter of the case. The clock is ticking. The DPP have a standard 21 days to respond. It will go quickly and gives us time to maximise the fundraising. To help I suggest supporters email friends asking them to support, tweet in support and follow @InvestigateDom. I've received lots of encouragement from supporters and some have shared particular reasons for supporting. One heartrending example is: "I have a relative who was in the exact same circumstances as Cummings but she was in a life/death situation and still STAYED AT HOME as she was told."
June 16, 2020
We've filed in Court
My lawyers have today 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.
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