By Terri-ann Williams For Mailonline
Published: 13:34 BST, 23 May 2019 | Updated: 14:35 BST, 23 May 2019
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A businessman trying to prosecute Boris Johnson over his claims that the UK sends the European Union £350 million a week - that could be used for the NHS, has been branded as 'politically motivated'.
Marcus Ball, the creator of the 'Brexit Justice' campaign has accused Mr Johnson of 'abusing public trust', following the claims which were made during the 2016 referendum campaign.
The former foreign secretary could be prosecuted for misconduct in public office over the claims, however his lawyer has said that the £350million figure was 'arbitary' as the Conservative politician was not exercising state power when the claims were made.
Adrian Darbishire QC said that standing on the hustings in a contested political debate once or ten times with a campaign messages 'is not an exercise of the functions of government'.
Marcus Ball (pictured left) has brought a case against Boris Johnson (right) for intentionally misleading the public during the referendum
He added: 'It doesn't fall within the scope of this offence.
'It was explicit in the early days of this process that if politicians could be prosecuted then it could assist in putting a halt to Brexit.'
He referred to Mr Ball listing Johnson as one of six 'targets' and added: 'It's a political motivation whichever way you look at it. Today is just a culmination of that process with that motive running throughout.'
Lewis Powett QC, representing Mr Ball said there
