STATEMENT OF SOLIDARITY WITH RAJIV MENON KC

The Haldane Society of Socialist Lawyers stands in solidarity with Rajiv Menon KC regarding his prosecution for contempt of court. Rajiv represented the first defendant in the recent trials of six pro-Palestine activists arising from direct action taken at a facility in Filton, Bristol in August 2024. The facility is owned by Elbit Systems UK, a subsidiary of an Israeli arms company.

The trial judge referred Rajiv to the High Court to consider contempt of court proceedings against him following the closing speech he delivered to the jury at the end of the first trial. This is a shocking and unprecedented attack on a highly experienced, leading criminal defence barrister for doing his duty to fearlessly and passionately defend his client.

Media reporting regarding these proceedings has noted that there are no known previous instances of a barrister being prosecuted for contempt of court over a closing speech. Such an approach risks having a chilling effect on advocates in the future. Barristers’ independence is a fundamental principle of the justice system. They do not act on behalf of the court. Barristers must robustly and diligently defend their clients and present their clients’ cases and should not have to do so under fear of prosecution.

We are deeply concerned that these proceedings have arisen in the context of a protest trial, which in recent years have seen increasingly draconian restrictions imposed by judges regarding what defences can be advanced and what defendants and defence barristers are permitted to say to juries. The stark difference in approach compared to other criminal trials suggests a clear intention of ensuring guilty verdicts and fears in some quarters of the law that jurors may acquit protestors according to their conscience, as is their right. This is coupled with increasingly severe sentences for those who are found guilty. In that context, the proceedings against Rajiv represent a further attack on the right to protest and on those who exercise that right, and an attempt to further limit the protection afforded to protestors of being tried by a jury.

We invite all those involved in the criminal justice system, including the Criminal Bar Association and the Bar Council, to condemn this prosecution and call for it to be dropped, and to give their support to Rajiv.