Tommy Robinson encouraged ‘vigilante action’ in trial broadcast, judges find

&Tab;&Tab;<div class&equals;"wpcnt">&NewLine;&Tab;&Tab;&Tab;<div class&equals;"wpa">&NewLine;&Tab;&Tab;&Tab;&Tab;<span class&equals;"wpa-about">Advertisements<&sol;span>&NewLine;&Tab;&Tab;&Tab;&Tab;<div class&equals;"u top&lowbar;amp">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;<amp-ad width&equals;"300" height&equals;"265"&NewLine;&Tab;&Tab; type&equals;"pubmine"&NewLine;&Tab;&Tab; data-siteid&equals;"111265417"&NewLine;&Tab;&Tab; data-section&equals;"2">&NewLine;&Tab;&Tab;<&sol;amp-ad>&NewLine;&Tab;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;<&sol;div><p>Tommy Robinson encouraged &OpenCurlyDoubleQuote;vigilante action” against defendants in a criminal trial when he filmed them and broadcast the footage on social media&comma; High Court judges have found&period;<&sol;p>&NewLine;<p>The former English Defence League &lpar;EDL&rpar; founder&comma; whose real name is Stephen Yaxley-Lennon&comma; was found to have committed contempt of court at the end of a two-day hearing at the Old Bailey on Friday&period;<&sol;p>&NewLine;<p>Dame Victoria Sharp and Mr Justice Warby found Robinson was in contempt in three respects when he filmed men accused of the sexual exploitation of young girls and live-streamed the footage&comma; in breach of a reporting ban&comma; outside Leeds Crown Court in May 2018&period;<&sol;p>&NewLine;<p>Giving reasons for the decision on Tuesday&comma; Dame Victoria said that&comma; while Robinson claimed his intention was to &OpenCurlyDoubleQuote;denounce the media” for their behaviour towards him and others&comma; the words he used in the video would have been understood by viewers as &OpenCurlyDoubleQuote;an incitement” to harass the defendants&period;<&sol;p>&NewLine;<p>In a written ruling&comma; the judge said&colon; <em>&OpenCurlyDoubleQuote;In our judgment&comma; those words and the manner of their delivery were an encouragement to others to harass a defendant by finding him&comma; knocking on his door&comma; following him&comma; and watching him&comma; and this gave rise to a real risk that the course of justice would be seriously impeded&period;”<&sol;em><&sol;p>&NewLine;<p>She added&colon; <em>&OpenCurlyDoubleQuote;All of this has to be assessed in the context of the video as a whole&comma; in which the respondent approves and encourages vigilante action&period;<&sol;em><&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;We are sure that what the respondent said in this passage will have been understood by a substantial number of viewers as an incitement to engage in harassment of the defendants&period;”<&sol;em><&sol;p>&NewLine;<p>Dame Victoria said the dangers of using the &OpenCurlyDoubleQuote;un-moderated platforms” of social media&comma; with its &OpenCurlyDoubleQuote;unparalleled speed and reach”&comma; are obvious and that Robinson’s conduct created a risk that the defendants would be intimidated&period;<&sol;p>&NewLine;<p>She added&colon; <em>&OpenCurlyDoubleQuote;In this case&comma; the respondent was engaged in the agitation of members of the public in respect of what he presented as a serious threat to society&period;<&sol;em><&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;His words had a clear tendency to encourage unlawful physical or verbal aggression towards identifiable targets&period;<&sol;em><&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;Harassment of the kind he was describing could not be justified&period;<&sol;em><&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;It is not necessary to assess the level of risk that such conduct would in fact be engaged in&comma; beyond concluding that it was real and substantial&period;<&sol;em><&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;Furthermore&comma; there was plainly a real risk that the defendants awaiting jury verdicts would see themselves as at risk&comma; feel intimidated&comma; and that this would have a significant adverse impact on their ability to participate in the closing stages of the trial&period;<&sol;em><&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;That in itself would represent a serious impediment to the course of justice&period;”<&sol;em><&sol;p>&NewLine;<p>The judges also found that Robinson was &OpenCurlyDoubleQuote;quite deliberately” reporting on the case&comma; which he had told his viewers was the subject of a reporting restriction&comma; and rejected his evidence that he had made checks in the court as &OpenCurlyDoubleQuote;not credible”&period;<&sol;p>&NewLine;<p>Dame Victoria said Robinson’s right to freedom of expression &OpenCurlyDoubleQuote;could not justify an interference with fair trial rights”&period;<&sol;p>&NewLine;<p>She added&colon; <em>&OpenCurlyDoubleQuote;The rule of law demands that those who act in such a way as to subvert due process should be held to account&comma; whether or not they actually threaten the fairness of the end result&period;<&sol;em><&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;These are essential principles which must be given weight in a democratic society&period;<&sol;em><&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;On the facts of this case the weight to be given to these valuable principles comfortably exceeds that to be given to forms of expression used by the respondent such as &OpenCurlyQuote;How are you feeling about your verdict&quest;’ or &OpenCurlyQuote;You got your prison bag with you&quest;’&period;”<&sol;em><&sol;p>&NewLine;<p>Throughout the Old Bailey hearing&comma; Robinson denied any wrongdoing&comma; saying he did not believe he was breaching reporting restrictions and only referred to information that was already in the public domain&period;<&sol;p>&NewLine;<p>But Dame Victoria and Mr Justice Warby found he was in contempt by breaching the reporting restriction imposed on the trial&comma; by live-streaming the video from outside the public entrance to the court and by &OpenCurlyDoubleQuote;aggressively confronting and filming” some of the defendants&period;<&sol;p>&NewLine;<p>A number of Robinson’s supporters who gathered outside the court on Thursday and Friday reacted angrily after the result was announced&period;<&sol;p>&NewLine;<p>Robinson broadcast the footage while the jury in the second of a series of linked grooming trials was considering its verdict&period;<&sol;p>&NewLine;<p>A reporting restriction was in place which postponed the publication of any details of the case until the end of all the trials involving 29 people&comma; in a bid to ensure all defendants received a fair trial&period;<&sol;p>&NewLine;<p>The 36-year-old&comma; from Luton&comma; Bedfordshire&comma; was jailed for 13 months after being found in contempt of court on the day of the broadcast&period;<&sol;p>&NewLine;<p>The video lasted an hour-and-a-half and was viewed online 250&comma;000 times after being live-streamed on Facebook&period; It was eventually viewed 3&period;4 million times after being shared following his arrest&period;<&sol;p>&NewLine;<p>He served two months in jail before being freed after the original finding of contempt was overturned by the Court of Appeal in August 2018&period;<&sol;p>&NewLine;<p>But the case was then referred back to the Attorney General&comma; who announced in March that it was in the public interest to bring fresh proceedings against Robinson&period;<&sol;p>&NewLine;<p>Dame Victoria and Mr Justice Warby gave permission for the Attorney General to bring a new case against Robinson at a hearing in May&period;<&sol;p>&NewLine;<p>Robinson is expected to be sentenced on Thursday&period; Contempt of court carries a maximum sentence of two years&period;<&sol;p>&NewLine;&Tab;&Tab;&Tab;<div style&equals;"padding-bottom&colon;15px&semi;" class&equals;"wordads-tag" data-slot-type&equals;"belowpost">&NewLine;&Tab;&Tab;&Tab;&Tab;<div id&equals;"atatags-dynamic-belowpost-68ed0a6cea417">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;<script type&equals;"text&sol;javascript">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;window&period;getAdSnippetCallback &equals; 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