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.”
Judge Hilliard cites a 2001 memo between the then Lord Chief Justice and Attorney General detailing Mr McCullough's role as an advocate to the court.
He is not authorised to examine witnesses, cross examine them or prosecute.
He says both parties have "drawn attention to the difficulties the limitations of Mr McCullough's role might present". Judge Hilliard said he initially thought they could be overcome in a "finely balanced decision" because where breaches of the strict liability role are concerned they are normally considered by the Attorney General
Judge Hilliard was sent Robinson's statement yesterday by his solicitor.
"The nature and extent of the controversies to be considered emerge to my eye far more clearly from that statement than ever before," he adds. "In my judgment the proper course is now for the matter to be referred to the Attorney General and I should not after all proceed to conduct a rehearing myself."
Judge Hilliard says it may be necessary to look at the detail of Robinson's broadcast so to come to an "overall picture" of what happened.
If the AG takes it forward, counsel for him would be able to lead evidence and cross examine witnesses.
Judge HIlliard says cross-examination of Robinson would be necessary for there to be a proper and very necessary resolution of the underlying facts.
"All the evidence must be very rigorously tested on both sides."
The case has now been adjourned and parties are leaving court. A date has not been set for the next hearing, as the Attorney General is being left to decide if, when and where, to hold it.
Robinson is being released once more on bail, with conditions not to approach Leeds Crown Court and to attend the next hearing where he is required
Robinson's supporters are still gathered outside court, where they continue to chant "we want Tommy out". Unclear if they have heard the news, and that he is indeed out.
People are making speeches under the watchful eye of police.
Tommy Robinson is now leaving the Old Bailey to chants of "oh Tommy Tommy" etc
He is expected to make a speech, although his lawyer may advise against it.
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