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.”
The protest has now officially ended and the crowd is starting to disperse.
A spokesperson for the Attorney General's Office has said:
“This matter has been referred to the Attorney General's Office. A Law Officer will consider all material afresh, and make a decision whether or not to refer Stephen Yaxley-Lennon to the High Court for contempt.”
Some pictures from outside the Old Bailey around an hour ago, as crowds were dispersing
Some more details of Robinson - who styles himself as an "independent reporter" - attacking the press today.
Speaking to crowds outside the Old Bailey, he called the media the "enemy of the people". “To the journalists… the British public do not trust you, they do not believe you. You are the enemy of the people,” he said
Even Robinson's supporters bore the brunt of the anti-media sentiment.
Ezra Levant, Robinson's former employer from the Canadian website Rebel Media, claimed there were 1,500 supporters outside the Old Bailey.
But City of London Police estimated there were about 500 demonstrators and 50 counter-demonstrators. No arrests have yet been made.
Here is a picture of Robinson speaking from earlier today, standing next to a supporter wearing a Donald Trump mask
AFP/Getty Images
Unite Against Fascism, which was among groups protesting against Tommy Robinson today, said it was "galling" to see loud speakers and a stage for him and his supporters outside the Old Bailey.
Weyman Bennett, joint secretary of UAF, said: "Tommy Robinson is using any platform he can get not to demand justice for the victims of horrific sexual abuse but to scapegoat entire communities ... the blackshirted so called security crew brought back for some, memories of Mosley's blackshirts. It was not surprising then, and eerie, to see open fascists from the group Generation Identity and former members of the Nazi terror gang, Combat 18, attending."
Counter-protesters said they were approached by Robinson's supporters and called "f***ing scum".