Judges have ordered Tommy Robinson be released from prison after quashing a court's finding that he committed contempt in Leeds.
The far-right leader's lawyers had argued he should be freed because of “procedural deficiencies” in two court cases.
The Lord Chief Justice and two other judges dismissed their appeal against the first case in Canterbury, which saw Robinson handed a suspended three-month prison sentence last year.
But they ruled that a judge who jailed Robinson for 13 months at Leeds Crown Court in May "gave rise to unfairness" by proceeding too quickly and failing to properly follow rules.
Supporters of Robinson inside the Court of Appeal as the Rt Hon Sir Ian Burnett, Mr Justice Turner and Mrs Justice McGowan DBE handed down their judgement.
They were silenced by the Lord Chief Justice as Free Tommy protesters and anti-fascist demonstrators were kept apart by police outside.
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The far-right leader still faces a hearing over another offence in LeedsIt lies ill in the mouth of an appellant to complain of the failure of the court below to follow the appropriate procedural steps when that failure was fully appreciated at the time and remained deliberately uncorrected for tactical reasons and collateral advantage."
- The Lord Chief Justice was critical of the judge in Leeds who sentenced Robinson to 13 months in jail, saying he acted too quickly, did not give clear details of how the offence was committed, nor give Robinson's lawyers enough time to mitigate on his behalf.
- The judgment dismissed the appeal against separate proceedings in Canterbury, where he was previously found in contempt
- Robinson has been released on bail before a new hearing over the incident in Leeds, that could see him jailed again
R v Stephen Yaxley-Lennon (aka Tommy Robinson)
Court of Appeal (Criminal Division)
In response to today's decision, chief executive Nick Lowles said: "Far from being a martyr for 'free speech', his are the actions of a dangerous, narcissistic extremist attempting to unite the far right around his virulent Islamophobic agenda.
"Lennon is also backed by leading anti-Muslim figures in the US and elsewhere, floating fake news about 'no-go' zones in Europe, who've weighed in to pay his legal bills, flown in politicians to speak on his behalf, promoted and amplified his messages on social media, and even made representations to the British ambassador in America.
"Former Trump right-hand man and ex-Breitbart boss Steve Bannon is a key figure here. The far-right strategist called Lennon the 'backbone' of Britain and is no doubt hoping to make him a core part of his new 'movement', using him as a frontman to increase divisions and stoke anti-immigrant and anti-Muslim anger across Europe."
”Today is a victory over prosecutorial and judicial prejudice; especially for those who support a robust, free public debate centred on Islamism, its agent provocateurs in the UK, its maladies, and societal discontents.“
The judgment of the Court is to dismiss the appeal in respect of the committal for contempt at Canterbury Crown Court and to allow the appeal in respect of the committal for contempt at Leeds Crown Court. The appellant is granted bail and the matter of contempt at Leeds Crown Court is remitted to be heard again.
Another supporter Vince Cawthron, 70, made a four-and-a-half hour coach trip from his home near Cwmbran.
He said he thought Robinson had been unfairly treated. "I am quietly pleased. He could be back with his family in hours," he added
R v Stephen Yaxley-Lennon (aka Tommy Robinson)
Court of Appeal (Criminal Division)Robinson appeared from prison via video-link and spoke only to confirm his real name, Stephen Christopher Yaxley-Lennon, during the first hearing on 18 July.
His barrister, Jeremy Dein QC, called on the judges to overturn contempt findings from May 2017 and May 2018 and to order Robinson’s release.
“There have been a conglomeration of procedural deficiencies that have given rise to prejudice and should lead to both findings being quashed,” he told the court.
Robinson was handed a three-month suspended sentence for attempting to film defendants at Canterbury Crown Court during a rape trial, which was activated and lengthened after he violated a blanket reporting restriction at Leeds Crown Court in May.
Judge Geoffrey Marson QC said he admitted committing contempt of court in a Facebook Live video, which was broadcast for more than an hour and watched 250,000 times within hours of being posted.
The Court of Appeal heard that footage of Robinson discussing the ongoing case caused jury deliberations to be paused, sparking an attempt by defence lawyers to have jurors dismissed.
Robinson’s barrister argued that although the judge was right to immediately order the video be removed from Facebook, he should have adjourned contempt proceedings against Robinson to give him more time to consult with lawyers.
He was arrested at around 10.45am, did not get legal representation until midday and the hearing that saw him handed a “manifestly excessive” prison sentence started after lunch, Mr Dein said.
He argued that proceedings were “unnecessarily and unjustly rushed”, causing Robinson’s representative at the time to miss potential mitigating factors that could have lowered his sentence.
“He did not intend to breach any [reporting restriction] order, albeit that he was aware that there was an order,” Mr Dein told the court, claiming that Robinson was “operating as a journalist” and attempted to be legally vigilant.
Louis Mably QC, an independent barrister appointed by the Attorney General to assist the court, said judges must ask if any of the alleged procedural failings ultimately affected the finding that Robinson had committed contempt of court.
He said the case was a question of “substance not form”, adding: “There is nothing in the rules to suggest an order or finding of contempt is invalidated if a particular aspect of the rules is not complied with.”
The appeal was launched outside the 28-day time limit for challenging convictions, but was allowed because of delays to legal meetings caused by Robinson being held in “effective solitary confinement” for his own safety.
