Barrister Wins Appeal Against Contempt of Court Referral Over Closing Speech

A leading human rights barrister has won an appeal against a referral for contempt of court over comments made during his closing speech at the trial of six Palestine Action activists. The barrister was accused of breaching the trial judge's directions in the case involving a 2024 direct action protest at an arms factory of the Israeli subsidiary Elbit Systems UK in Filton, near Bristol.

The trial judge referred the matter after determining that the barrister had contravened a ruling which forbade lawyers from inviting the jury to disregard the court's rulings of law or to apply the principle of jury equity. Jury equity is the right of a jury to acquit on the basis of conscience regardless of the judge's directions.

The proceedings against the barrister were believed to be the first brought against a barrister in respect of a jury speech in living memory, possibly ever.

Tuesday the Court of Appeal allowed the barrister's challenge. The court directed that the trial judge should reconsider the matter in light of its ruling. The high court had previously directed that a summons for contempt be drawn up and served on the barrister after the referral.

The barrister previously worked on the Stephen Lawrence inquiry, the inquests of victims of the Hillsborough disaster and the Grenfell Tower inquiry. A statement said he was grateful to his lawyers and others who supported him during a difficult time and hopes that this is now the end of the matter.

None of the defendants were convicted of any offence in the initial trial but they were retried and four were convicted last week. The group Defend Our Juries said the fact that contempt proceedings were ever brought against the barrister should deeply concern everyone who cares about the rule of law.