Leading human rights barrister Rajiv Menon KC has won a Court of Appeal challenge against a contempt of court referral that arose from his closing speech during the trial of Palestine Action activists.
Background of the Case
Mr Justice Johnson, who presided over the criminal trial, accused Mr Menon of misleading the jury and disregarding judicial directions. Following the trial, the judge asked the High Court to consider contempt proceedings against the barrister.
In March, a High Court judge ruled that Mr Menon should be summoned for a hearing regarding the contempt allegations. Mr Menon subsequently appealed this decision.
Court of Appeal Ruling
The Court of Appeal judges ruled in Mr Menon's favour, determining that Mr Justice Johnson did not have the authority to directly refer the contempt allegation to the High Court. The case will now be sent back to Mr Justice Johnson to consider the next steps, with the possibility of referring the matter to the Attorney General.
The decision has been welcomed by legal observers who raised concerns about the potential chilling effect on barristers' advocacy in politically sensitive cases.
