A judicial review in the high court is being sought over the failure of the director of public prosecutions (DPP) to investigate alleged breaches of lockdown rules by the prime minister’s adviser, Dominic Cummings.
Lawyers for Martin Redston, a structural engineer from Willesden Green, have lodged a complaint against Max Hill QC after he failed to state that the Crown Prosecution Service (CPS) is actively considering a case against Mr Cummings.
Mr Redston argues that there is a lack of an appearance of independence of decision making, as Mr Hill is a subordinate of the attorney general, Suella Braverman. Mrs Braverman is a Conservative MP who has tweeted her support for Mr Cummings.
The grounds for the action lodged with the court also refer to a failure to disclose communications about the allegations between the government and Mr Hill.
A Crown Prosecution Service spokesperson said: “This application for judicial review will be contested and in those circumstances we cannot comment further.”
Mr Redston has launched a crowdfunder to help pay for the case, saying the rule of law should apply to all people “regardless of who they are”.
The 70-year-old said he is concerned about the “Cummings defence” meaning people “do what they like”.
In a statement, his lawyers, Michael Mansfield QC and leading counsel Philip Rule, who are instructed by Hackett & Dabbs LLP, said: “As a state authority the DPP has failed to comply with the duty to take all reasonable steps to ensure public safety to the greatest extent practicable (...)
“In short, he should not wash his hands of the issue but should refer it to the police and thereafter consider the issue himself.”
It continued: “The manoeuvres of the government and use of its powers behind the scenes is of obvious concern given the history of the this high-profile case.”
Mr Cummings, who lives in Canonbury, drove to Durham on March 27 with his wife, who had fallen ill, and his son.
Earlier that day he went to his Whitehall office.
While in County Durham the family drove to Barnard Castle - something he later said was to test his eyesight before taking the 300-mile journey back to London. At the time the public were being told to “stay home, protect the NHS, save lives”.
Mr Cummings has been contacted for comment.
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