Police WON’T investigate Matt Hancock for Covid breach after he broke his own social distance rules in clinch with aide

a mole hunt has been ruled out to avoid going after a whistleblower exposing wrongdoing.

Earlier a top barrister told The Sun Hancock could be prosecuted for his steamy office clinch filmed on May 6.

Adam Wagner, a Covid law expert, said it broke the law because there was a ban on indoor mixing unless “reasonably necessary” for work at the time.

The rule of six indoors only kicked in two weeks later, on May 17.

Mr Wagner said it was one of the worst cases of lockdown law breaking because “it is his law - his name is on the paperwork”.

He said the cheating Cabinet Minister has “no excuse” and could be prosecuted for his passionate encounter.

A judge would throw the book at the married father-of-three because his breach of the law is so “egregious” he said.

Mr Wagner told The Sun: “For the Health Secretary there is no leeway - a Court would not give any leeway at all. It is Matt Hancock's name at the bottom of the laws and regulations.

“He cannot plead ignorance.

“He literally is the single person in the country who has no excuse whatsoever for breaking the laws. He made them.”

The Health Secretary, 42, issued an apology earlier today but refused to resign and instead said he "has let people down and is very sorry" after his brazen steamy clinch in Whitehall was exposed by The Sun.

CCTV images published this morning showed him passionately kissing his aide - with the dad-of-three shamelessly asking for "privacy on this personal matter" just hours later.

And he admitted he had "broken social distancing rules" after lecturing the country on coronavirus regulations throughout the pandemic.

In his very short statement, in which he failed to apologise to his wife or acknowledge his behaviour, he said: "I accept that I breached the social distancing guidance in these circumstances.

"I have let people down and am very sorry.

"I remain focused on working to get the country out of this pandemic, and would be grateful for privacy for my family on this personal matter."

And it appears Hancock somehow managed to cling on to his top job as the PM sensationally backed him despite calls for him to get the chop.

Downing Street said the Prime Minister accepted the Health Secretary's grovelling apology for snogging his top aide.

But a No10 spokesman said this afternoon: "The Health Secretary set out that he accepted that he breached the social distancing guidelines.

"Obviously he has apologised for that. The Prime Minister has accepted the health secretary's apology and considers the matter closed."

It comes as:

• Hancock’s wife Martha leaves home still wearing her wedding ring
• Shapps tries to defend Hancock over affair calling it a ‘red herring’
• Gina Coladangelo is married millionaire mum & Oliver Bonas PR chief 
• Matt Hancock’s job hangs by a thread after latest scandal
• Piers Morgan blasts ‘hypocritical’ Matt Hancock for steamy affair
• Hancock mocked by Twitter for 'if you're a woman, swipe up' post

Anneliese Dodds MP, chair of the Labour Party, said: "If Matt Hancock has been secretly having a relationship with an adviser in his office - who he personally appointed to a taxpayer-funded role - it is a blatant abuse of power and a clear conflict of interest.

“The charge sheet against Matt Hancock includes wasting taxpayers’ money, leaving care homes exposed and now being accused of breaking his own COVID rules.

“His position is hopelessly untenable. Boris Johnson should sack him.”

The world woke up to the news that he cheated on his wife with Gina Coladangelo, 43, who he hired last year with taxpayers’ money, as Covid gripped Britain.

Mr Hancock and millionaire lobbyist Gina were caught on camera in a steamy clinch at his Whitehall office.

Whistleblowers revealed the Health Secretary had been ­spotted cheating on his wife of 15 years with married Ms ­Coladangelo.

He was seen kissing her at the Department of Health’s London HQ during office hours last month as the mutant strain began spreading.

A Whitehall whistleblower told The Sun it was “shocking that Mr Hancock was having an affair in the middle of a pandemic with an adviser and friend he used public money to hire”.

Last night, a friend of the Health Secretary said: “He has no comment on personal matters. No rules have been broken.”

Mr Hancock was pictured embracing his aide. The image was from just after 3pm on May 6 — as the rest of Westminster was engrossed by the local elections.

At the time, Brits were under severe restrictions before measures were eased on May 17.

Single adults were essentially banned from having casual sex as people were not allowed to spend the night in different houses.

Hugs were also banned, as well as indoor pints and holidays.

Hancock now faces a tense showdown with Boris as he battles to keep his top job, with the Ministerial Code stressing that working relationships should be "proper and appropriate".

It says: "Working relationships, including with civil servants, and parliamentary staff should be proper and appropriate."

In the damning footage, Hancock is seen in his distinctive ninth-floor office inside the sprawling Department of Health building, which is a stone’s throw from the Houses of Parliament.

During the pandemic, the office has provided the backdrop to his Zoom appearances on TV — including the Andrew Marr Show.

Mr Hancock is seen checking the corridor is clear before closing the door and then leaning on it to ensure he cannot be disturbed.

Ms Coladangelo then walks towards him and the pair begin their passionate embrace.

According to a whistleblower, who used to work at the department, the pair have regularly been caught in clinches together.

The source said: “They have tried to keep it a secret but everyone knows what goes on inside a building like that.

“I’m just amazed he was so brazen about it as he was the Secretary of State.

"It has also shocked people because he put her in such an important, publicly-funded role and this is what they get up to in office hours when everyone else is working hard.”

The office where the tryst happened is where Mr Hancock famously hangs his Damien Hirst portrait of the Queen.

The affair will inevitably raise questions about his focus on the UK’s virus battle after he was accused of “lies” over his handling of the pandemic.

He stands accused of failing care home patients with botched testing, wasting billions on a bungled Test and Trace rollout and squandering millions on PPE contracts which failed to deliver.