A leading human rights barrister is facing contempt of court proceedings after he was accused of defying a judge’s order by telling a jury they had the right to acquit Palestine Action activists according to their conscience.

A leading human rights barrister is facing contempt of court proceedings after he was accused of defying a judge’s order by telling a jury they had the right to acquit Palestine Action activists according to their conscience.

Rajiv Menon KC was representing Charlotte Head, who broke into an arms factory owned by Israel’s Elbit Systems in Filton, near Bristol, in 2024.

Before the first of two trials involving Head, Mr Justice Johnson ruled that the actions of the Israeli military in Gaza did not constitute a “lawful excuse” for her and her co-defendants.

Johnson also banned barristers from inviting the jury to apply the principle of jury equity – by which juries can choose to acquit based on their conscience.

However Menon is alleged to have made reference in his closing speech to Bushell’s Case, a 1670 decision associated with establishing the independence of juries, and an Old Bailey plaque highlighting the “right of juries to give their verdict according to their convictions”.

“The effect of Mr Menon’s speech was to invite the jury to disregard my directions that they should put views of the Middle East and the war in Gaza, and emotion, to one side,” Johnson said.

Lawyers representing Menon have challenged the case against him and are awaiting a decision from the court of appeal.

A previous trial ended with the jury finding all six defendants not guilty of aggravated burglary, and with partial or no verdicts on charges of criminal damage and violent disorder.

The Crown Prosecution Service sought a retrial on those charges, with Head and three other defendants found guilty of criminal damage on 5 May.

It was only with that verdict that reporting restrictions were lifted and the media were able to reveal that Menon is facing contempt of court proceedings.

Menon has previously worked on the Hillsborough inquest and inquiries into Stephen Lawrence, the Grenfell Tower fire and Covid-19. He currently represents 12 individuals and organisations at the Undercover Policing Inquiry.

Senior legal figures said they were “extremely concerned” by the case, which could have a “chilling effect” on the independence of the British legal system.

Michael Mansfield KC told Declassified UK: “I’m extremely concerned about the issues that are at the centre of this initiative which has never been done before as far as I’m aware, particularly the chilling effect upon the critical concept of a fiercely independent bar, fearless in its pursuit of justice on behalf of those it represents.”

Tom Midlane is a freelance journalist.

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