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.”
Good morning and welcome to our live coverage of the latest hearing in Tommy Robinson's case over alleged contempt of court.
The EDL founder, whose real name is Stephen Yaxley-Lennon, is to appear before the Recorder of London, Nicholas Hilliard QC, from 10am
A significant police operation is in place around the court, where more than 1,000 of his supporters say they will be protesting
The Old Bailey is rehearing allegations of contempt that originally saw Robinson jailed for 13 months in May. He had broadcast a Facebook Live video for more than an hour outside Leeds Crown Court, during a series of three linked grooming trials that were covered by blanket reporting restrictions.
The restrictions were lifted on Friday, and out of 20 men convicted as part of a grooming gang abusing vulnerable girls in Huddersfield, 16 have so far been jailed for 220 years
Robinson's live stream caused defence lawyers to apply to discharge the jury in the second trial, which would have sparked a costly and distressing retrial. Judge Geoffrey Marson QC did not allow the appeal because there was no evidence the jury had seen the video
Contempt is a "strict liability offence", meaning that anyone committing it does not need to know they are or intend to do it. Contempt can be done by violating reporting restrictions, filming inside a court or creating a "risk of serious prejudice" to a jury. There does not need to be any proof that they were prejudiced.
Leeds Crown Court's finding was overturned in August, when the Court of Appeal freed Robinson because procedural failings had "given rise to unfairness". They said the judge should have adjourned the case and given Robinson chance to answer the accusation in detail himself.
He was jailed on the same day of the live stream, after his barrister pleaded guilty on his behalf and apologised to the court
Protests are due to start outside the Old Bailey at 9am, and there will be a significant police presence keeping Robinson's supporters and counter-demonstrators apart.
Surrounding pubs, bars and businesses have been advised to close if they feel the need to by police.
The hearing itself is due to start at 10am, when we will be bringing you live coverage from inside court.
The number of protesters outside court appears smaller than at the previous hearing on 27 September.
Supporters of Robinson are shouting "we want Tommy out" and waving flags and placards. One man was shouting about Sharia law through a megaphone.
Flags include of the ethno-nationalist group Generation Identity, which has branches across Europe and once ran a boat aiming to disrupt refugee rescues in the Mediterranean Sea.
One of its leaders was prevented from entering the UK on arrival earlier this year
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