By Ben Kerrigan-
Judges could fine or jail Uk Prime minister, Boris Johnson, if they conclude he is in contempt of court for sending a signed letter to the EU contradicting an earlier unsigned one in which he asked for an extension of the Brexit deadline.
The letter said granting an extension would be a mistake, leading to claims that Johnson has gone against the spirit of the law by contradicting the first letter. A number of legal experts believe the Uk prime minister has acted unlawfully, but some think his actions in dissuading the EU from granting the request for a delay may be seen as falling under a political decision.
Contempt of court happens when an individual either tries to unfairly influence a court case, or when they refuse to obey a court’s orders. Anybody found guilty of contempt of court could be fined, jailed, or both.
The legal challenge at the Court of Session, led by Good Law Project founder Jolyon Maugham QC, confirmed that the resumed hearing today would go ahead on Monday. Judges will decide in the hearing today whether the unsigned letter sent by Boris Johnson asking for a Brexit extension from the EU complied with the Benn Act, or if the Prime Minister is in contempt of court.
Although Mr Johnson sent a letter to the EU requesting an extension, as required by the so-called Benn Act, he did not sign it and also sent a second signed letter in which he said a delay would be a mistake.
A hearing at the Court of Session in Edinburgh by Scotland’s most senior judge Lord Carloway, and two other judges, was postponed until after the deadline for the extension letter to be sent under the terms of the Benn Act.
One of the campaigners bringing the action, SNP MP Joanna Cherry sounded angry with the prime minister when she said the legal action had already forced Mr Johnson to send the request for an extension late on Saturday.
She told the BBC’s Good Morning Scotland programme: “After all his huffing and puffing, the prime minister has had to climb down and seek an extension.
“And I think he was trying to spin that by not signing the letter and issuing another letter.
“The good news is that the EU have ignored that nonsense and are taking the request seriously.
“It will be for the court to decide whether or not the prime minister has broken his promise to the court. His promise wasn’t to me or any of the other petitioners – it was to the court.”
EU Commission president Donald Tusk confirmed at 10pm on Saturday that he had received the Prime Minister’s request, tweeting: “The extension request has just arrived. I will now start consulting EU leaders on how to react.”
In his signed letter, Mr Johnson wrote: “A further extension would damage the interests of the UK and our EU partners, and the relationship between us.”
The PM now wants MPs to say a clear “yes” or “no” to the deal on Monday, adding: “We cannot allow Parliament’s letter to lead to Parliament’s delay.