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A Cautionary Tale

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Pressure on the police

It has been reported that when the police undertook their second interview with the Prime Minister they wanted to interview him under caution. Also that the reason they did not do so was because 10 Downing St made it clear that if that occurred the Prime Minister would have no option but to resign.

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Charges seem likely

It now looks as though the police have recommended that charges be brought against certain individuals. That will fall to be reviewed by Leading Counsel, and ultimately the Attorney General. There will be no doubt that in both cases they will exercise an impartial assessment based upon what the evidence merits.

I have also previously indicated in articles that I regarded it as most unlikely that there would ever be evidence justifying charges being brought against the Prime Minister. That remains my view.

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Justice must be seen to be done

However that is an entirely different matter from giving a full and unfettered opportunity to the police to pursue enquiries. In a sense, the fact that it was unlikely that the Prime Minister would ever be the subject of charges but highly possible that others might be meant that it was the more important to be comparing like with like. If the police thought that an interview under caution was merited in order to obtain information which (if obtained and ultimately required) could be used in any charges brought against the Prime Minister, then so be it. Sometimes justice being done involves it being seen to be done. There should be no reason why the Downing Street stance could not be that the Prime Minister was willing to assist under any circumstances, but was vigorously maintaining that he had done nothing wrong.

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A media storm

It is hard not to feel sympathetic for both sides. Downing Street no doubt was fully aware of the likely press coverage should an interview under caution take place. There is no doubt that once the prime Minister was interviewed under caution, the way the press would have run the story would have almost had him halfway down the steps to a prison cell. The fact that no charges might ever be brought (still more that they were unlikely to be brought) would be lost in headlines which focused upon the Prime Minister being a "suspect". If the Prime Minister was intending to stay in the longer term then no doubt he could have ridden out the storm. The pressure on someone planning to go anyway might have made it impractical to carry on.

In those circumstances one can not only understand the attitude of Downing Street, but also that of the police. They were in a difficult position.

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Courage of their convictions

If it is in fact true that police wanted to undertake that interview under caution, they must have found it somewhat galling that the official line from Downing Street regarding the second interview stressed that the Prime Minister had been interviewed as a witness, not as a suspect. Whilst correct, if he would have been interviewed under caution save for Downing Street pressure, that was not an entirely full and fair statement of the position.

That demonstrates why, despite all the difficulties, and despite the political fallout, the police had to have the courage of their convictions. Although charges against the Prime Minister may have been most unlikely, if they felt that an interview under caution was the appropriate course, they should not have been deterred from pursuing that course due to fear of what the Prime Minister might have to do when faced with the inevitable press storm.

Michael J. Booth QC