Barrister in Palestine Action trial wins contempt challenge

Barrister in Palestine Action trial wins contempt challenge 2 hours agoShareSaveAdd as preferred on GoogleDominic CascianiHome and Legal Correspondent, Court of AppealGarden Court ChambersRajiv Menon KC wins "unprecedented" contempt of court challengeA leading barrister has won a reprieve from facing an unprecedented contempt of court case over his alleged conduct during a trial of six Palestine Action activists.Last week, a retrial jury convicted four members of the organisation of criminal damage over their break-in to Elbit Systems, a British subsidiary of an Israeli defence firm.During February's first trial, Rajiv Menon KC, the leading defence barrister in the case, clashed with the trial judge amid allegations that he misled the jury.The jury in that first trial did not convict any of the defendants.More from BristolHe was a refugee – now he's Lord Mayor of BristolWhat GWR nationalisation means for passengersGirl given cadaver bone in surgery without consentIn a ruling on Tuesday, the Court of Appeal stopped Menon's forthcoming case, saying it was procedurally flawed. But the senior judges left the door open to the challenge being resumed under different rules.Menon's legal team have described the decision as a victory, but it is unclear what will happen next.During the closing stages of the first trial, Mr Justice Johnson issued detailed directions to barristers over their closing speeches to the jury.Those rulings included an order that none of the barristers could refer in their speeches to "jury equity".This is a complex and contested part of English law which recognises that jurors are free to choose how to decide a case - even though they must simultaneously follow a trial judge's directions.It has increasingly featured in recent prosecutions of protest groups, such as Extinction Rebellion and Just Stop Oil, where defendants have argued their actions were morally justified irrespective of the law.It was used i...