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Barrister in Palestine Action trial wins contempt challenge

Barrister in Palestine Action trial wins contempt challenge

Summary

A leading barrister, Rajiv Menon KC, won a legal challenge against contempt of court charges related to his behavior during a trial of six activists from Palestine Action. The Court of Appeal stopped the contempt case because it was started in the wrong way, but the issue could be reopened if handled differently.

Key Facts

  • Rajiv Menon KC defended six Palestine Action activists accused of criminal damage for breaking into Elbit Systems, a British subsidiary of an Israeli defense company.
  • In the first trial, the jury did not convict any of the defendants, but the second trial convicted four activists.
  • Menon was accused of contempt of court for allegedly misleading the jury during closing speeches in the first trial.
  • The judge had ordered that lawyers could not mention "jury equity," a legal idea where jurors decide based on their own sense of justice rather than strict law.
  • Menon referenced a historic case that supported jury independence, which the judge said encouraged jurors to ignore directions, leading to the contempt complaint.
  • The contempt case was stopped by the Court of Appeal because it was not properly referred to the Attorney General or dealt with during the trial.
  • Menon's legal team welcomed the decision, but the case could resume if the trial judge forwards it to the Attorney General.
  • Rajiv Menon has worked on many important legal cases involving human rights and public inquiries.
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