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Palestine Action trial lawyer wins appeal against contempt of court charge

Palestine Action trial lawyer wins appeal against contempt of court charge

Summary

A human rights lawyer, Rajiv Menon KC, won an appeal against a contempt of court charge related to his speech during a trial of Palestine Action protesters. The court of appeal ruled that the trial judge did not have the power to send Menon for prosecution without an application from the attorney general.

Key Facts

  • Rajiv Menon KC was charged with contempt of court for his closing speech in a trial involving six activists protesting at an arms factory owned by Elbit Systems UK in Filton.
  • The arms factory is linked to an Israeli company.
  • The trial judge, Mr Justice Johnson, claimed Menon broke rules about what lawyers can say to juries, especially regarding jury equity—when juries can decide based on conscience.
  • Menon's case is believed to be the first of its kind against a barrister for a speech to a jury.
  • The court of appeal decided that the judge could not directly refer Menon to the high court for contempt without the attorney general’s approval.
  • Menon’s lawyers said this ruling protects lawyers from being unfairly punished for defending their clients.
  • None of the original defendants were convicted, though four were found guilty after a retrial.
  • Defend Our Juries expressed concern that contempt charges were even brought against Menon, as it could threaten legal rights and justice.
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