Question
Answer ALL questions John Borisson, aged 57, began his career as a solicitor, then became an MP in 2001. He now holds a senior position
Answer ALL questions
John Borisson, aged 57, began his career as a solicitor, then became an MP in 2001. He now holds a senior position in HM Government.
He has been charged with Misconduct in Public Office for his attendance at a Christmas Party of 50 people, held at the home of fellow MP Teresa Tea, on December 20th, 2020, in defiance of the Covid-19 lockdown legislation which outlawed this practice at the time.
The police were alerted to his alleged crime on receiving a photograph of the party, in which a man resembling John Borisson, can be seen sitting astride the back of a sofa, 'riding' it like a horse, wearing a purple cowboy's hat, surrounded by ten other party goers. None of the people in the photograph appear to be wearing protective masks.
John was arrested at the House of Parliament by PC Starmer. On conducting an unlawful search of his Parliamentary office, PC Starmer found a purple hat, which appeared to match the one in the photograph. He cautioned John and asked him to account for this, but John simply blustered incoherently.
John was taken to the police station, and locked in a small police cell for 12 hours, with no access to any form of electronic communication or explanation for the long detention.
He was then interviewed by DCI Rayner and DS Reeves. John demanded that he should have a lawyer present, bur DCI Rayner said to him: "What do you need a lawyer for? You can represent yourself, can't you? Let's get this interview done!" No lawyer was called.
During the interview, DS Reeves said to John: "Why do you think you can break the rules you impose on everyone else? My mother was ill last Christmas, and I couldn't visit her because of you and your cronies, and all the time you were just laughing at us and playing party games! You had better admit it now. If it goes to trial, it will be the end of your career, guilty or not!"
John replied: "How could I have gone to a party in the middle of a pandemic?!"
Meanwhile, the police had been interviewing other witnesses. Nick Cummings had been a waiter at the party, and the police asked him if he could remember seeing John Borisson at the party. Nick said that he was not quite sure who John Borisson was, so DC McFadden showed him the photograph of the party.
Nick said: "I might have seen him. I remember some idiot riding the sofa, but he just looks like every other toff to me, especially with that ridiculous hat on. Can I get a proper look at him?"
DC McFadden said: "No. That's fine. You have made a positive identification. That's all we need!"
DC McFadden also interviewed Daisy Raab, a maid in John's house. She had overheard a phone conversation on December 23, 2020, in which John's secretary, Peter Patel, had told someone at the other end that: "John is going to Teresa's party tomorrow. Make sure the Press don't find out!"
The prosecution has also discovered that there were reports of other alleged Covid-19 transgressions by John, though no charges were ever brought in relation to these. These include a 300-mile road trip he made on April 1, 2020, to visit relatives in the North of England, even though at the time, such visits were in breach of the government's lockdown rules.
With reference to cases and statutes, advise on the admissibility of the following evidence at the trial of John Borisson including, where relevant, advice on how the judge should direct the jury.
- The evidence about the hat found by PC Starmer, including John's response on being asked about it.
- The evidence emerging from the interview at the police station.
- The evidence of Nick Cummings.
- The evidence of Daisy Raab.
- The evidence relating to the other alleged Covid-19 transgression.
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