Human rights barrister Rajiv Menon KC is facing a renewed threat of contempt proceedings after Mr Justice Jeremy Johnson referred the matter to another senior judge for consideration. The move comes despite the Court of Appeal previously ruling that Johnson's original attempt to refer Menon directly to the High Court was unlawful.
The case stems from Menon’s closing speech on behalf of Palestine Action activist Charlotte Head during the first Filton Six trial. Supporters insist that Menon carefully complied with the judge’s directions while carrying out his duty to provide a fearless defence for his client.
Although Johnson has argued there is a case that merits consideration, he stressed that no finding of contempt has been made and that any future proceedings would be for another judge to decide. The new judge will determine whether the matter should proceed at all.
The unprecedented pursuit of a leading defence barrister over the contents of a closing speech has sent shockwaves through the legal profession. Attempts to criminalise advocacy on behalf of a client threaten the independence of the Bar and risk deterring lawyers from robustly defending clients in politically sensitive cases.
