His team is preparing for a possible legal appeal, such as a judicial review, if the case is referred to the High Court. The inquiry chairman may also decide that it would not be in the public interest to take legal action against a minister who has been assisting in other ways.
Meanwhile, there is some frustration among those watching the investigation that important evidence has been eclipsed by the Mercer show. Lydia Day, who has been following the hearing closely as part of the University of Westminster’s Underrepresented Research Project, said Mercer’s failure to comply with the inquiry would be “deeply worrying”.
But, he added, the controversy “should not distract from the importance of Mercer’s evidence.” She is particularly focused on the broadcast of such damaging claims, while ministers are pushing for legislation that “makes it even more difficult for former military personnel to be held accountable.” “Exactly the tasks about which Mercer was so concerned.”
Others are more optimistic. “We’re not spending our days worrying about Johnny Mercer,” said one person close to the inquiry.
Mercer has the kind of experience with the prison system that has come up “Banged Up: Stars Behind Bars” TV show. He went so far as to smoke a cigarette that was hidden in a very intimate storage space of a cell mate. An associate joked, “He’s got a taste for it.”
But the fine will also put Mercer and Sunak in trouble. Failure to comply with the law would be a clear breach of the UK ministerial codeAnd would normally be a dismissable offence.