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As it happenedended

Tommy Robinson case: Supporters hurl beer cans as protests erupt after former EDL leader found in contempt of court

Live updates from the Old Bailey contempt hearing

Peter Stubley
Old Bailey
Friday 05 July 2019 12:39 EDT
Tommy Robinson arrives at the Old Bailey for contempt of court hearing

Tommy Robinson is facing another prison sentence after being found in contempt of court by judges at the Old Bailey.

The 36 year-old founder of the English Defence League breached reporting restrictions on a grooming trial by livestreaming a video outside Leeds Crown Court and “aggressively confronting” defendants in the case.

Robinson, who is in court under his real name of Stephen Yaxley-Lennon, was previously jailed for 13 months in May 2018 but was freed on appeal because the original contempt hearing was “rushed”.

Two High Court judges, Dame Victoria Sharp and Mr Justice Warby, are due to decide on the sentence at another hearing on 11 July.

See below for our liveblog on the court hearing at the Old Bailey:

While the AG's barrister goes through historical contempt of court cases, here are some extracts from Robinson's sworn affidavit, dated 4 June.

He begins by complaining about the previous contempt hearing which saw him sent to prison.

Robinson adds: "I was imprisoned for over 2.5 months in solitary confinement, held against my categorisation, moved to the highest Muslim population Category C prison, subjected to mental torture and constant threats and abuse and had all of my rights removed in the interest of prison safety."

On reporting restrictions: "I acted in good faith within the parameters of the section 4 reporting restriction in place. The information I provided was in the public domain, factual and relevant but did not provide any details of the trial proceedings other than what had already been reported previously and was readily available online."

Peter Stubley5 July 2019 11:52

Mr Caldecott says Robinson's filming "was targeted at the defendants in a public street at a time of high anxiety for them and when it might be thought important they are treated as potentially innocent until the jury decided whether they are or not."

Peter Stubley5 July 2019 11:54

He says Robinson then "exploits" the defendants' abusive answers to his questions by saying on the livestream: "Doesn't seem like anyone's feeling guilt, doesn't seem like anyone's ashamed".

Mr Caldecott: "The open confrontation in particular assumes guilt and we invite you to reject Mr Yaxley-Lennon's curious explanation". 

Peter Stubley5 July 2019 11:58

In his closing submission to the court, Mr Caldecott said: "It is to be borne in mind... the wider potential effect if this conduct is acceptable.

"If Mr Yaxley-Lennon can do it, his followers can do it and indeed any aggrieved citizen can do it - and, moreover, it is Mr Yaxley-Lennon's position that they should be doing it.

"It is to be borne in mind that the administration of justice is itself part of the wider principle of the rule of law.

"The Attorney General submits that, if the administration of justice suffers undue disturbance, public confidence in the rule of law itself ultimately would be undermined."

Peter Stubley5 July 2019 12:24

Richard Furlong, for Robinson, is now responding to the attorney general's case.

He argues that Robinson's video only used information already in the public domain, and also that Robinson made "all reasonable enquiries" to find out whether the reporting restrictions were still in force.

Peter Stubley5 July 2019 12:33

"We submit that material that was in the public domain cannot be made part of an order - it would be impractical to do so for reasons which are apparent in this case.

"The video that Mr Yaxley-Lennon made went viral over the weekend following his arrest. He offered to take it down but by then it was copied to a large number of different locations and attempting to remove all instances of publication an impossible game of whack-a-mole.

"The better approach is not to seek to enforce impossible orders but to put faith in the intelligence and good sense of juries to ignore it."

Peter Stubley5 July 2019 12:34
Peter Stubley5 July 2019 12:38

Robinson's barrister rejects attorney general's claim that Robinson was in contempt because he was "subjectively reckless" about the reporting restriction.

"At this time in the modern world when there is no central registry of section 4(2) orders (contempt of court), expanding the law of recklessness to cover contempt - there is the potential for serious and adverse consequences for the wider media."

He says court should consider the attempts Robinson made to get details about the order when deciding if he was deliberately ignoring it.

Peter Stubley5 July 2019 13:04

The court has risen for lunch. More from Robinson's barrister at 2pm.

Peter Stubley5 July 2019 13:04
Peter Stubley5 July 2019 13:09

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