Rajiv Menon KC Triumphs in Contempt of Court Appeal
Rajiv Menon KC, a distinguished human rights barrister renowned for his work on the Stephen Lawrence inquiry, Hillsborough disaster inquests, and the Grenfell Tower inquiry, has successfully overturned a contempt of court charge related to his closing speech at the trial of Palestine Action activists.
Menon faced allegations of violating the trial judge’s strict instructions during the 2024 prosecution of six activists involved in a direct action protest at the Elbit Systems UK arms factory in Filton, near Bristol. The factory is a subsidiary of the Israeli defense contractor Elbit Systems.
Unprecedented Legal Challenge Against a Barrister
This case marked an extraordinary legal moment: it is believed to be the first instance in living memory, possibly ever, where a barrister was prosecuted over comments made to a jury during trial. On Tuesday, the Court of Appeal decisively ruled in Menon’s favor, dismissing the contempt charge.
Legal Team and Supporters React
Jenny Wiltshire, Menon’s solicitor from Hickman & Rose, stated, “Rajiv is relieved and gratified that the court of appeal confirmed the Filton trial judge lacked the authority to refer him directly to the High Court for prosecution of contempt, and that the High Court could not accept such a referral without the Attorney General’s public interest application.”
Wiltshire emphasized Menon’s appreciation to his legal team and supporters during this challenging period, adding, “This unprecedented attempt to criminalize lawyers for vigorously defending their clients must never recur.”
Details Behind the Contempt Referral
The trial judge, Mr Justice Johnson, referred Menon for contempt after determining that the barrister had breached a judicial ruling prohibiting lawyers from encouraging juries to disregard legal directions or to invoke the principle of jury equity—the right of juries to acquit based on conscience, irrespective of the judge’s instructions.
None of the six defendants were convicted in the initial trial, but a retrial led to convictions for four activists last week.
Next Steps and Wider Implications
The High Court had ordered the issuance of a contempt summons following Johnson’s referral. However, the Court of Appeal has instructed the trial judge to reconsider the matter in light of its ruling, effectively halting the prosecution against Menon.
Defend Our Juries, a group advocating for jury rights, condemned the original contempt proceedings against Menon, warning that such actions “should deeply concern everyone committed to upholding the rule of law.”
