Contempt claims against KC ‘without precedent’
A London barristers’ chamber has described potential contempt proceedings against a KC as “wholly novel and without historical precedent”.
Garden Court Chambers, which specialises in human-rights cases, was commenting on the case of Rajiv Menon KC, whom it described as a “highly respected” silk at the chambers.
The alleged contempt concerns a closing speech that Menon delivered to a jury at the Woolwich Crown Court in January.
The trial involved pro-Palestine activists causing criminal damage to weapons and other property at a factory in Filton, Bristol belonging to Elbit Systems, Israel’s largest arms manufacturer.
‘Chilling effect’
Menon is accused of misleading the jury and ignoring the judge’s directions during his closing speech.
Garden Court said that this was the first time in English legal history that a barrister had faced prosecution for contempt in respect of a closing speech at a criminal trial.
It expressed concern about what it described as “the chilling effect” of the state “seeking to criminalise barristers for their representation of their clients”.
‘Powerful arguments’
Offering Menon its full support, the chambers said that solicitors and leading counsel had been making “powerful arguments” about the jurisdictional legality and procedural propriety of the contempt proceedings at the Court of Appeal.
“It is hoped that the arguments being advanced will prevail, and that the proceedings against Rajiv will be swiftly concluded without Rajiv having to stand trial,” the statement said.
None of the defendants was convicted in the January trial. After a retrial, however, a jury found four of the activists – including Menon's client Charlotte Head – guilty of criminal damage.
Garden Court had been unable to comment on the proceedings until reporting restrictions were lifted last week.