Mr Justice Johnson told the jurors that if the defendants believed that they had been morally justified in smashing up Elbit’s property, that would not be a “lawful excuse”.
But Menon’s closing speech to the jurors drew their attention to a famous 17th Century Old Bailey case which underlined that juries can independently of judges decide cases according to their convictions, and that judges cannot order them to convict.
Mr Justice Johnson said the effect of that speech had been to “invite the jury to disregard my directions” – a breach of fair trial rules.
The barrister denied ignoring the judge, saying that he was performing his duty to fairly and fully represent his client, Charlotte Head.
Mr Justice Johnson referred the speech to the High Court – and a senior judge in turn ordered that Menon should face contempt of court proceedings.
But the Court of Appeal agreed with Menon’s team that the case had been wrongly begun, saying that allegations of contempt had to be either dealt with directly by the trial judge at the time or referred to the Attorney General in government.
The case has now been stopped unless and until the trial judge sends it to the Attorney General, Lord Hermer, for him to consider.
