Far-right activist Tommy Robinson has been bailed after winning an appeal against a contempt of court finding. Robinson, 35, admitted the charge and received a 13-month jail term in May over footage he filmed outside Leeds Crown Court during a trial. At the Court of Appeal, Lord Chief Justice Lord Burnett ruled there had been technical flaws by the judge who jailed him and quashed the finding.
Robinson’s solicitors said everyone has the “right to a fair hearing”.
Robinson, from Luton, whose real name is Stephen Yaxley Lennon, was not present for the ruling in London and is expected to be released from prison later.
In his written judgement, Lord Burnett said: “We are satisfied that the finding of contempt made in Leeds following a fundamentally flawed process, in what we recognise were difficult and unusual circumstances, cannot stand.
“We will direct that the matter be reheard before a different judge.”
A film involving people in a criminal trial that was subject to reporting restrictions was recorded and the footage broadcast on social media. The footage, lasting about an hour, was watched 250,000 times within hours of being posted on Facebook.
A statement from his solicitors said: “The rule of law and right to a fair hearing are fundamental to every individual and this ruling is an example of the safeguards of our system.”
At an earlier hearing, Robinson’s QC argued that procedural “deficiencies” had caused “prejudice” in Leeds. Lord Burnett said the judge should not have commenced contempt proceedings the same day he was arrested. He explained “no particulars of the contempt were formulated or put to the appellant”, and there was “a muddle over the nature of the contempt being considered”.
Rival groups of Tommy Robinson supporters and “Stand Up To Racism” protesters gathered outside the Royal Courts of Justice and swapped chants. Both groups of about 30 people were outnumbered by watching police.
Analysis: By Dominic Casciani, BBC home affairs correspondent
This morning, the Lord Chief Justice’s ruling in Robinson’s appeal underlined that the rule of law – the rules that apply to us all – must be applied fairly in all circumstances. And that’s why the Court of Appeal ruled that Robinson’s second conviction in a year for contempt of court was flawed. In essence, the five hours from arrest to sentence at Leeds Crown Court was rushed. Robinson wasn’t told what specific parts of his activity at the court had been potentially prejudicial to a jury – meaning nobody to this day knows exactly what he did wrong. Further, he immediately removed the offending video from Facebook on the court’s order and the judge should have then adjourned the matter to give him longer to prepare a defence. Tommy Robinson is still convicted of contempt in relation to his behaviour at Canterbury last year where he received his three month sentence for potentially derailing a fair trial. Today, the Court of Appeal said that very same right to a fair hearing means Robinson should have a full opportunity to put his case without rushing to judge.
Who is Tommy Robinson?
Born in 1982, Tommy Robinson, whose real name is Stephen Yaxley-Lennon, describes himself as “a working-class man from Luton”.
Aged 20, he joined the far-right British National Party but soon left saying “it was not for me”
In 2009 he set up the English Defence League (EDL) – an organisation set up to counter what its members saw as the threat of Islamist extremism
The EDL organised street marches and demonstrations which often clashed with anti-racism campaigners
He married in 2011 and is the father of three children
He left the EDL in 2013 expressing concern that he no longer felt he could keep extremist elements within the organisation at bay
Talking to BBC Radio Five Live, he said: “I don’t want to lead the revolution against the Muslims. I believe that the revolution needs to come from within the Islamic community and they need to stand up.”
Source bbc.co.uk
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