A former top prosecutor who lost his brother to Covid-19 wants Dominic Cummings prosecuted for allegedly breaching lockdown rules.

Nazir Afzal claims his solicitors have uncovered new evidence they have submitted in a 225-page dossier to the Crown Prosecution Service.

Mr Afzal, whose older brother Umar died in April, wants the CPS to prosecute the Prime Minister’s adviser for his 260-mile trip to Durham with wife Mary Wakefield and their son at the height of lockdown, The Mirror reports.

A Mirror and Guardian probe earlier this year revealed the couple’s rule-breaking journey to his parents’ home, which included a trip to Barnard Castle which Mr Cummings said was to test his eyesight for the drive back to their London home.

Mr Cummings insists he acted within the spirit and letter of the rules. In a statement in the Number 10 rose garden in May, he said: “The rules make clear that when dealing with small children, there can be exceptional circumstances and I think that was exceptional circumstances.”

The CPS will usually bring a prosecution if the legal criteria for doing so – known as the CPS “Full Code Test” – are satisfied.

In the submission, Mr Afzal’s lawyers claim eyewitness accounts and the explanations given by Mr Cummings show he was responsible for six breaches of lockdown regulations.

It calls for police to obtain phone and CCTV records and licence plate tracking to more firmly establish the sequence of events around the trip.

Former chief crown prosecutor for north west England Nazir Afzal
Former chief crown prosecutor for north west England Nazir Afzal

Mr Afzal, ex-CPS Chief Prosecutor for the North West, said: “The police investigation thus far has been cursory and incomplete. I believe the CPS’ Public Interest test is also met given the impact this has had on general compliance with Covid regulations.

“It is now a matter for the police and CPS to decide whether to take this forward.”

The CPS said: “Durham Police issued a statement about their investigation which explained their decision not to take any further action. As with all cases, if a member of the public believes they have new information they should bring it to the attention of the police. The CPS has no power to direct the police.”

A Number 10 spokesman said last night: “The Prime Minister has said he believes Mr Cummings behaved reasonably and he considers the matter closed.

“ Durham Constabulary made clear they are not taking further action against Mr Cummings and that by locating himself at his father’s premises he did not breach the regulations.”