England: Court halts contempt case against barrister over Palestine Action trial

The case centred on a break-in at Elbit Systems, a British subsidiary of an Israeli defence company. Four activists were convicted of criminal damage at a retrial last week after the original jury failed to convict any defendant.

During the first trial in February, defence barrister Rajiv Menon KC clashed with the judge, Mr Justice Johnson, over claims he had encouraged jurors to disregard legal directions.

The dispute arose after the judge barred lawyers from referring to “jury equity” – the principle that juries may reach verdicts according to conscience even where defendants have broken the law.

In his closing speech, Mr Menon referred jurors to a 17th Century Old Bailey case affirming that judges cannot order juries to convict. Mr Justice Johnson later said the speech effectively invited jurors to ignore his directions.

Mr Menon denied wrongdoing, arguing he had acted in fulfilment of his duty to represent his client.

On Tuesday, the Court of Appeal halted the contempt proceedings, ruling they had been initiated improperly. However, judges left open the possibility of the case being revived through a referral to the Attorney General.

Jenny Wiltshire, of law firm Hickman & Rose which represented Mr Menon, said the contempt allegation was “unprecedented”.

“Rajiv is delighted that the Court of Appeal has found in his favour.

“He hopes that this is now the end of the matter,” she added.