EDL founder Robinson freed on appeal
Contempt of court conviction quashed by judges, who order fresh trial to be held at Old Bailey
TOMMY ROBINSON, the founder of the English Defence League, yesterday had his conviction for contempt of court quashed as the Court of Appeal ordered a new trial.
The far-right activist, whose real name is Stephen Yaxley-lennon, was released on bail after three judges ruled that there were a series of procedural “flaws” in his trial earlier this year.
Mr Robinson, 35, had been convicted in May after posting on Facebook a 90-minute video from outside Leeds Crown Court about a case that has a blanket reporting restriction imposed for legal reasons. His footage was watched by 250,000 people.
Within hours of posting the video, he was brought before Judge Geoffrey Marson QC in Leeds and jailed for 10 months, with an extra three months for an earlier suspended sentence for contempt.
Yesterday, the Court of Appeal found that the judge had rushed into proceedings despite Mr Robinson having removed the video. The appeal judges also found he was sentenced as if he had pleaded guilty, despite it being unclear what he was admitting to, and there had been a “muddle” about the nature of the contempt he faced.
The judges said they were satisfied that the decision to proceed to committal to prison “so promptly”, and without “due regard” to rules governing procedures “gave rise to unfairness”.
They added that the haste in bringing him to court back in May meant his barrister, found during a 33-minute adjournment, had “limited opportunity … to investigate mitigation” or obtain character references.
Delivering the ruling in London, Lord Chief Justice Burnett said: “Where a custodial term of considerable length is being imposed, it should not usually occur so quickly after the conduct which is complained of; a sentence of committal to immediate custody had been pronounced within five hours of the conduct taking place.”
After granting Mr Robinson conditional bail, they stressed the need for a fresh hearing before a different judge to be held “as soon as reasonably possible”. Mr Robinson, who was not in court for the hearing, was banned from going within 400m of Leeds Crown Court as part of his bail conditions.
The fresh case will be heard at the Old Bailey.
The decision to free Mr Robinson was met with applause from his supporters.
The campaign to “Free Tommy Rob- inson” has attracted international sup- port. He has received backing from Donald Trump Jr, as well as from far- Right activists throughout the world, many of whom who have contributed to a “crowdfund” to help pay legal fees.
Yesterday afternoon, Robinson emerged from Onley Prison, Warwickshire, in a blue T-shirt and jeans, but refused to answer reporters’ questions. As he was ushered into a vehicle, he said: “I’ve got a lot to say, nothing to you. I want to say thank you to the British public for their support.”
At the appeal hearing, the judges had been also urged to overturn a contempt of court finding against Mr Robinson that had been made last year at Canterbury Crown Court. In May 2017, he was filmed outside court commenting on a trial of four Asian men who were later convicted of gang-raping a teenage girl. He was given a suspended three-month sentence and told his conviction was not about “freedom of speech” but about “justice and ensuring that a trial can be carried out justly and fairly”.
Reporting restrictions on that case were later lifted. Such reporting restrictions are usually imposed if a judge fears publication of the case could prevent a fair trial in that hearing, or any linked cases.
Jeremy Dein QC, for Robinson, told the appeal the Canterbury conviction should also be quashed because of a “conglomeration of procedural deficiencies”, that had given rise to prejudice. However, the appeal judges only quashed the Leeds case.