Barrister Rajiv Menon Faces Contempt Proceedings Over Closing Speech in Palestine Action Trial

Rajiv Menon KC, a human-rights barrister, has been charged with contempt of court for allegedly breaching Mr Justice Johnson’s directions during his closing address in the retrial of six Palestine Action activists. The activists were prosecuted for a 2024 direct-action protest at the Elbit Systems UK arms factory in Filton, near Bristol. After the second jury delivered verdicts on Tuesday, the court said contempt proceedings against Menon may proceed, pending a Court of Appeal decision.

The Guardian

The 2024 protest targeted the Filton plant of Elbit Systems UK, an Israeli defence contractor. Six activists, including Charlotte Head, were charged with violent disorder, aggravated burglary and criminal damage. The first trial in January ended without convictions, prompting a retrial that found four defendants guilty of criminal damage, while the other two were acquitted. Menon represented Head throughout. Justice Johnson issued directions barring any reference to a “lawful excuse” based on Israeli actions in Gaza.

The Guardian

Johnson barred counsel from urging jurors to ignore his directions or invoke jury equity. Menon cited the 1670 Bushell case and read an Old Bailey plaque stating it “established the right of juries to give their verdict according to their convictions.” He said six times the judge could not direct the jury to convict, which the court deemed a breach.

The Guardian

The court concluded Menon’s remarks encouraged jurors to set aside Gaza-related considerations, breaching the judge’s instructions. Menon’s team argues that referencing historical precedent is legitimate advocacy and has appealed the contempt charge. The Court of Appeal has not yet ruled on the proceedings.

The Guardian

Charlotte Head said she no longer felt her counsel could act in a way that delivered “justice for all,” underscoring concerns that the judicial restrictions may hinder defence in politically charged cases.

The Guardian

• “The effect of Mr Menon’s speech was to invite the jury to disregard my directions that they should put views of the Middle East and the war in Gaza, and emotion, to one side.” — Mr Justice Johnson

The Guardian

• “after some decisions made by the court, I no longer feel like they are permitted to represent me in a way that does us all justice” — Charlotte Head, activist

The Guardian

• “lawful excuse” because of the actions of the Israeli military in Gaza. — Mr Justice Johnson (direction)

The Guardian

• “established the right of juries to give their verdict according to their convictions” — Inscription on Old Bailey plaque cited by Menon

The Guardian

The pending Court of Appeal decision will determine whether the contempt charge proceeds, potentially setting a precedent for the limits of advocacy in closing arguments and influencing future defence strategies in politically linked criminal cases.

The Guardian