Barrister Wins Appeal Against Contempt of Court Referral Over Activist Trial Speech

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.

A lawyer representing Mr Menon said after the judgment that the barrister was delighted with the outcome. The lawyer added that Mr Menon hopes the matter is now at an end. During the original trial Mr Menon referred to a plaque at the Old Bailey concerning the right of juries to give their verdict according to their convictions.

He also told the jury on six occasions that the judge could not direct them to convict the defendants. The trial judge viewed these statements as breaches of his directions. Mr Menon is further accused of misleading the jury by noting that the prosecution had not challenged certain evidence presented by the defendants concerning Elbit Systems' business interests and the Middle East conflict.

The jury in the first trial did not convict any of the defendants. A retrial concluded in early May. Four activists were found guilty of criminal damage at that retrial and are scheduled to be sentenced on June 12.

The proceedings against the barrister are believed to be the first brought in respect of a jury speech. The Court of Appeal decision clarifies the procedural route required for a Crown Court judge to pursue such a contempt allegation.