Tommy Robinson court case – live updates: EDL founder's hearing over contempt delayed again
Former EDL leader's previous prison sentence for contempt of court was quashed over procedural failings in August
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Tommy Robinson has walked free from court again after his contempt case was referred to the Attorney General.
The far-right figurehead appeared at the Old Bailey over allegations he violated reporting restrictions on grooming trials at Leeds Crown Court in May.
The 35-year-old, whose real name is Stephen Yaxley-Lennon, was jailed in May but freed after the Court of Appeal ruled that procedural failings had "given rise to unfairness".
A major police operation was put in place around the Old Bailey amid fears of disorder.
More than 1,000 of Robinson's supporters had said they would attend a demonstration outside the London court on Tuesday.
City of London Police closed two surrounding roads and officers have been visiting nearby pubs, bars, restaurants and businesses to offer them advice, The Independent understands.
Many were expected to close or stop serving alcohol in glasses during the protest, while Robinson’s supporters and counter-demonstrators were to be kept apart by significant numbers of police officers.
Robinson, who founded the English Defence League (EDL), was jailed in May for allegedly violating blanket reporting restrictions on a set of linked trials at Leeds Crown Court.
The 35-year-old’s barrister admitted contempt of court on Robinson’s behalf after he broadcast a Facebook Live video outside the court, talking about the case and “jihad rape gangs”.
The reporting ban was lifted on Friday, after three trials saw 20 men convicted of committing offences including child rape, abduction and trafficking as members of a grooming gang operating in Huddersfield.
Lawyers for the defendants, who have so far been jailed for more than 220 years, applied for the jury in the second trial to be discharged over Robinson’s video.
The attempt would have caused the trial to be reheard at a cost of hundreds of thousands of pounds, but judge Geoffrey Marson QC refused the application.
Robinson was handed a 13-month prison sentence but was freed in August after the Court of Appeal found that procedural failings “gave rise to unfairness” and meant proceedings were “fundamentally flawed”.
Senior judges ordered the matter to be reheard before Judge Nicholas Hilliard QC, the Recorder of London, at the Old Bailey.
Speaking on Tuesday, Judge Hilliard said the case should go to the Attorney General for his consideration after receiving a statement from Robinson on Monday.
The court heard that in the current setting, lawyers would not be able to perform an appropriate cross-examination of the evidence.
"I think it necessary to look at quite a lot of the detail of what Mr Yaxley-Lennon said in the broadcast as to come to the overall picture as to what happened," the judge said.
"I'm satisfied in the light of the issues as they now appear as they emerged from the statement of yesterday, that cross-examination of Mr Yaxley-Lennon is necessary for a proper and thorough examination and resolution of the case that is in the public interest."
Robinson was released on bail.
Contempt of court laws aim to ensure fair trials in Britain by preventing juries from being swayed by information from outside the hearing, and apply to all forms of online and offline publications.
The offences are covered by a “strict liability rule”, meaning that intent and knowledge of committing them are not necessary for a conviction, nor is proof that a jury was prejudiced.
The Court of Appeal refused to quash a separate finding of contempt from Canterbury Crown Court in May 2017, saying criticism by Robinson’s legal team “had no substance”.
In that case he was handed a three-month suspended sentence for trying to film defendants inside the court during jury deliberations, after being told to stop and warned filming was against the law.
Judge Heather Norton said at the time: “This contempt hearing is not about free speech…it is about justice, and it is about ensuring that a trial can be carried out justly and fairly.”
One of Press Association's reporters outside the Old Bailey asked someone holding a Generation Identity flag what it meant.
"F*** off and look it up on the internet," he replied.
Another supporter of Robinson asked why he was protesting said: "We are supporting a prosecuted journalist."
A man beside him called an end to the interview. "Nonce," he said, clutching a can of Strongbow.
A supporter wearing a Union Flag suit said: "I have come here to support Tommy Robinson because there's so many injustices going on in the world today."
"I've learned so many things in the last two years, such as the killings of anyone that's not of the Islamic faith."
A passing cyclist said: "Fascist"
Robinson's parents have arrived in the public gallery alongside supporters and onlookers, and also in the court are several "alternative" media journalists.
Judge Nicholas Hilliard has arrived in the court and reminds those attending that photography and filming is illegal
Robinson's lawyers asked him to refer the matter to the Attorney General for him to decide whether proceedings should be instigated. He decided to hear the case himself at the Old Bailey, as directed by the Court of Appeal when Robinson was freed in August
Robinson is accused of breaking a reporting restriction, and making a broadcast that "gave rise to a substantial risk of serious prejudice" being caused to the Huddersfield grooming trials.
"Mr Yaxley-Lennon contests both charges," Judge Hilliard says
The judge says he received a statement from Robinson yesterday "dealing with the issues as he sees them".
He says that if he takes a view on that statement the role of Robinson's lawyer is limited. He says they create an "obstacle to the necessary examination of the underlying facts here"
Robinson's barrister, Richard Furlong, confirms his position is that the matter should be referred to the Attorney General for his consideration.
Angus McCullough QC, who is a "friend of the court" and not representing any side, said Judge Hilliard can make a decision as he sees fit.
Judge Hilliard is examining his notes.
He says on 16 October he indicated that he was going to proceed to a contempt hearing today.
"I do not propose now to give my detailed reasons but it's sufficient to say I was satisfied that in these very special circumstances I had juristiction to hear the two allegations."
One that Robinson breached a Section 4 (2) reporting restriction, and the other that his broadcast "carried with it a substantial risk of serious prejudice of a criminal trial that was ongoing" in May.