Barrister Rajiv Menon Wins Appeal Against Contempt Charge in Palestine Action Trial

A leading barrister won a reprieve from an unprecedented contempt of court case over his alleged conduct during a trial of six Palestine Action activists.

Last week, a retrial jury convicted four members of the organization of criminal damage for breaking into Elbit Systems, a British subsidiary of an Israeli defense firm.

During the first trial in February, Rajiv Menon KC, the lead defense barrister, clashed with the trial judge amid claims that he misled the jury. That jury acquitted all defendants.

On Tuesday, the Court of Appeal blocked Menon's contempt case, calling it procedurally flawed. Senior judges said it could resume under different rules.

Menon's legal team called the ruling a victory, though the next steps remain unclear.

In the closing stages of the first trial, Mr. Justice Johnson gave barristers detailed directions for their speeches to the jury. He ordered them not to mention "jury equity," a contested part of English law that allows jurors to decide cases based on their conscience while following judicial directions.

The concept has appeared in recent protest prosecutions, including those of Extinction Rebellion and Just Stop Oil defendants who claimed moral justification for their actions. Four people who toppled the Edward Colston statue in Bristol in June 2020 invoked it in closing speeches and won acquittals despite admitting involvement.

Mr. Justice Johnson told jurors that any moral justification for damaging Elbit's property did not amount to a lawful excuse.

Menon's closing speech cited a famous 17th-century Old Bailey case to stress that juries can decide independently of judges and that judges cannot order convictions. The judge said this invited the jury to ignore his directions, breaching fair trial rules.

Menon denied defying the judge. He said he was fulfilling his duty to represent client Charlotte Head fully and fairly.

Mr. Justice Johnson referred the speech to the High Court, where a senior judge ordered contempt proceedings against Menon.

The Court of Appeal sided with Menon, ruling that contempt allegations must be handled by the trial judge at the time or referred to the Attorney General.

The case is halted unless Mr. Justice Johnson sends it to Attorney General Lord Hermer.

Jenny Wiltshire of Hickman & Rose, which represented Menon, called the allegation 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 said.

Menon is a prominent defense and human rights barrister who has worked on high-profile cases, including the Stephen Lawrence Inquiry, Hillsborough disaster inquests, and the Grenfell Tower Inquiry for residents.