Founder and former leader of the EDL Tommy Robinson arriving at the Old Bailey today
Tommy Robinson could be sent back to jail after being found in contempt of court by High Court judges.
Robinson was accused of contempt of court by filming defendants in a sex abuse trial in breach of a reporting ban, outside Leeds Crown Court in May 2018.
On the second and final day of the hearing, his lawyers told the court how the video quickly spread across the internet after he was arrested for the offence, and removing it was like playing ‘whack-a-mole.’
Richard Furlong, for Robinson said that information already in the public domain, as a result of early reports of the grooming case before the reporting restriction was in place, could not ‘retrospectively be made part of the order’.
He added: ‘Our submission is that the better approach is not to seek to enforce impossible orders, but rather to put faith in the good sense and intelligence of jurors.’
The video lasted an hour-and-a-half and was viewed online 250,000 times after being live-streamed on Facebook.
The red double-decker, which features a large screen showing pro Robinson films, was slapped with a penalty notice outside the central London court building.
The warden explained that the parking fine was £130, reduced to £65 if paid quickly
Robinson arrived as the court to chants of ‘Oh Tommy, Tommy’ from his supporters, including a bare-chested man in a Donald Trump mask drinking a can of beer.
Earlier today, a battle bus belonging to Robinson’s supporters was given a parking ticket as he appeared at the Old Bailey.
The red double-decker, which features a large screen showing pro Robinson films, was slapped with a penalty notice outside the central London court building.
Crowds booed as the traffic warden slapped a parking ticket onto the window of the bus, which was turned into a makeshift stage by Robinson’s supporters.
The warden explained that the parking fine was £130, reduced to £65 if paid quickly.
High Court judges heard today that Robinson was ‘reckless’ and breached the reporting restriction because he wanted the public to see the faces of defendants in a criminal trial.
At 3.20pm this afternoon, they retired to consider the evidence.
Robinson arrived as the court to chants of ‘Oh Tommy, Tommy’ from his supporters, including a bare-chested man in a Donald Trump mask drinking a can of beer.
Lawyers for Attorney General Geoffrey Cox QC, whose application to have Robinson committed to prison is being heard at the Old Bailey, said Robinson’s ‘whole objective’ was to ‘get the defendants’ faces out there’.
Andrew Caldecott QC, for the Attorney General, told the Old Bailey on Friday that a security officer at Leeds Crown Court, where the alleged offence took place, said he had suggested Robinson check for reporting restrictions at the court office.
The barrister said the ‘critical question’ was why Robinson, whose real name is Stephen Yaxley-Lennon, ‘declined the invitation to take this obvious step which would have put the matter beyond doubt’.
He added: ‘We say the answer clearly is that he made a reckless assumption as to what he might be able to do because it suited him to do so, and the reason it suited him to do so was that his whole objective was to get the defendants’ faces out there.’
Tommy Robinson takes selfies with fans as he arrives at the Old Bailey in London for a committal hearing for alleged contempt of court
Mr Caldecott told Dame Victoria Sharp and Mr Justice Warby, who are hearing the case, Robinson ‘took a punt’ by referring to details in previous reports of the Huddersfield grooming case – which had been published before the reporting ban was ordered.
He said: ‘Mr Yaxley-Lennon did find the Huddersfield Examiner online and he took a punt that because the names and the charges had been out there earlier, he took a punt on being able to get away with mentioning them to give necessary context to the people he was filming.’
Robinson, who denies any wrongdoing, has said he did not believe he was breaching reporting restrictions and only referred to information that was already in the public domain.
Wearing a blue jacket, blue shirt and jeans, he sat next to his lawyers in court as Mr Caldecott summarised the Attorney General’s case to the judges.
Mr Furlong, for Robinson, said: ‘We say that the allegations of harassing and indirectly causing or creating a risk that (the defendants) would abscond are … fanciful evidentially.’
The barrister told the court he relied on the ‘robust’ responses the defendants being filmed gave to Robinson as he asked them ‘fairly anodyne’ questions when they entered Leeds Crown Court.
He added: ‘Obviously because of who he is, he receives very robust responses indeed.’
Mr Furlong told the judges: ‘The court, in my submission, should be careful to distinguish Mr Yaxley-Lennon’s conduct from who he is, and it is plain that he is regarded – and, in particular, regarded by the criminal defendants – as somebody with a certain set of political opinions.
‘It is not unimaginable that the Attorney General might argue in a different set of circumstances that Mr Yaxley-Lennon’s mere presence would be capable of amounting to a strict liability contempt.’
He added: ‘It is not unimaginable that that situation would arise in the sense that the criminal defendants might feel harassed by having somebody with his political opinions standing outside the court, even if he is doing nothing.’
Mr Furlong continued: ‘He should not be judged by a different standard of behaviour because of who he is.’
The barrister argued that the standard of behaviour amounting to strict liability contempt ‘should not vary depending on the extent to which the individual journalist holds controversial political opinions’.
Mr Furlong referred to part of the video in which Robinson discussed the leader of far-right group Generation Identity, who he claimed had been harassed by reporters.
Tommy Robinson supporters were allowed to set up a stage outside court yesterday. The bus can be seen behind
He said Robinson had been addressing the ‘mainstream media’ when he used the words ‘follow’ and ‘harass’ in relation to the defendants and was not encouraging his supporters to do so.
The barrister added: ‘The point is, it isn’t that he is urging that, but he is rhetorically asking why the mainstream media do not do that and harass the leader of Generation Identity, rather than people accused of offences of this sort.’
Mr Furlong played to the court a video of Robinson arriving at the Old Bailey ahead of an earlier hearing in May, which he said showed the ‘robust standard of the behaviour of the media’.
The footage, which showed BBC reporter Lucy Manning questioning Robinson as he made his way to court, showed the exchange ‘between a respectable and respected journalist and Mr Yaxley-Lennon’, Mr Furlong said.
He added that the exchange was ‘very much in the robust traditions of the questioning by the British media and conduct of that sort is perfectly acceptable’.
The barrister said: ‘They (the exchanges between Robinson and the defendants) are not, or certainly not materially, different to the sort of behaviour up and down the country day in and day out, and Mr Yaxley-Lennon should not be singled out.’
Robinson broadcast the footage on May 25, 2018 while the jury in the second grooming trial was considering its verdict.
Tommy Robinson supporters were allowed to set up a stage outside court. Robinson addressing the crowds outside the court yesterday
A reporting restriction was in place which postponed the publication of any details of the case until the end of a series of linked trials involving 29 people, in a bid to ensure all defendants received a fair trial.
The 36-year-old, from Luton, Bedfordshire, was jailed for 13 months after being found in contempt of court on the day of the broadcast.
The video lasted an hour-and-a-half and was viewed online 250,000 times after being live-streamed on Facebook.
He served two months in jail before being freed after that finding of contempt was overturned by the Court of Appeal in August 2018.
But the case was then referred back to the Attorney General, who announced in March that it was in the public interest to bring fresh proceedings against Robinson.
Dame Victoria and Mr Justice Warby gave permission for the Attorney General to bring a new case against Robinson at a hearing in May.
He could be sent back to jail if he is again found in contempt, an offence which carries a maximum sentence of two years.
A crowd of supporters outside court reached about 300 at its height on Thursday afternoon.