Rajiv Menon KC, a human rights barrister representing Palestine Action defendants, has won an appeal against a contempt of court charge linked to his closing speech during the first trial of six activists. The defendants faced allegations connected to a 2024 direct action at an arms factory of Elbit Systems UK near Bristol. After the initial proceedings, the six were cleared of aggravated burglary, and the group was later retried, with four convicted of criminal damage.

During the first trial at Woolwich Crown Court, the presiding judge, Justice Johnson, directed the defence that closing speeches must not invite jurors to disregard the court’s rulings or the law, and also barred reference to jurors’ right to acquit according to conscience, sometimes described as “jury equity.” In his closing remarks, Menon criticised the restrictions placed on evidence relating to the role of Elbit Systems and the wider context of Israel’s war in Gaza, and he also referenced a historical jury-rights case dating to 1670.

Justice Johnson referred Menon for contempt, but the Court of Appeal rules that the referral was wrongly initiated and should have been handled by the judge at the time or referred to the attorney general. The matter is sent back to the trial judge, with further action dependent on any attorney-general referral.