The Electoral Commission is facing difficult questions this morning after it emerged they are to find Vote Leave guilty of breaking electoral law despite refusing to hear evidence that would have disproved the central claims. BeLeave’s Darren Grimes, who was 22 at the time, is expecting to be fined £20,000 for filling in his forms wrongly. The Commission failed to interview a single senior Vote Leave staff member during its investigation, or at any point in the last two years. They heard evidence from the discredited whistleblowers making the allegations, yet didn’t allow Vote Leave figures to defend themselves against the claims, despite multiple attempts from Vote Leave officials to meet the Commission and provide evidence. This is a real breach of natural justice – whatever you think of Brexit and the merits of the case, is it justice if the Electoral Commission find someone guilty of a criminal offence without allowing them to give a defence? 

It gets worse, the Electoral Commission’s failure to discuss any of their accusations with Vote Leave means that many of them are just factually incorrect. The central finding was reached because the Commission wrongly claimed that a bombshell email from Dominic Cummings to donor Anthony Clake proved that Vote Leave were raising donations for BeLeave with the intention of obliging the latter to spend that money on AIQ. They missed evidence from other internal emails that BeLeave had in fact requested money to spend on AIQ weeks before. So the Electoral Commission’s bombshell email… isn’t.

The Commission claims that BeLeave’s messaging was controlled by Vote Leave, yet they again refused to speak to anyone from Vote Leave to challenge that assertion. They even ignored evidence from the whistleblowers themselves that the messaging was in fact controlled by BeLeave. This point just looks nakedly partisan from the Electoral Commission – even Carole Cadwalladr doesn’t make this claim.

There are basic factual errors, the Commission claimed BeLeave was established in May 2016, it was in fact established and was active for many months before. The Commission’s own former retained barrister, Tim Straker QC, has noted that their continual mistakes amount to “an error in law”.

This is all without mentioning the Electoral Commission’s refusal to investigate the wealth of evidence that the Remain campaign colluded on a much greater scale. Guido can understand why Remain campaigners want to do in Vote Leave and overturn Brexit, but this stitch up from the Electoral Commission is objectively not justice…