politics
Barrister Wins Appeal Against Contempt of Court Referral Over Activist Trial Speech
A human rights barrister has successfully appealed a High Court decision to summon him for an alleged contempt of court during his closing speech in the trial of six Palestine Action activists. The Court of Appeal ruled on Tuesday that the trial judge lacked the power to refer the matter directly to the High Court. The case will now return to the original judge for further consideration.
May 13, 5:08 AM·2m read2 sources
The IndependentAudio version
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A leading human rights barrister has won an appeal at the Court of Appeal against a decision to summon him for an alleged contempt of court over statements made during his closing speech in a criminal trial. Rajiv Menon KC represented one of six Palestine Action activists charged in connection with an invasion of the UK site of Israeli defence firm Elbit Systems.
The original trial took place in January. Mr Justice Johnson, who oversaw the trial, accused Mr Menon of misleading the jury and ignoring judicial directions. In March a High Court judge ruled that Mr Menon should be summoned for a hearing on the contempt allegations.
Mr Menon appealed that decision, arguing the High Court lacked the power to consider the case in that manner. On Tuesday three Court of Appeal judges ruled in Mr Menon's favour. They determined that a Crown Court judge cannot refer an alleged contempt of this nature directly to the High Court.
The judges stated that the overwhelming weight of authority indicates no such direct route exists. The Court of Appeal judges noted the trial judge could have referred the matter to another High Court judge sitting as a Crown Court judge if a summary process was required.
They added that the High Court would not have had power to deal with the case without a reference from the Attorney General. The ruling directs that the case should now be sent back to Mr Justice Johnson to consider next steps. The judge may refer the alleged contempt to the Attorney General for consideration.
