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Desperate to secure a conviction of Palestine Action defendants, a draconian British judge has forbidden them from referring to the principle of jury equity in their closing speeches. It is one of countless restrictions aimed at blocking the activists from mounting an effective defense.
Since the retrial of six Palestine Action (PA) activists began on April 13, the defendants have been barred under court order from using terms like “genocide” or discussing the target of their direction action protests. Meanwhile, supporters of PA have been arrested outside the court for holding signs advising jurors of their right to acquit the defendants based on conscience.
Now, a draft court order reviewed by The Grayzone reveals how the presiding judge has sought to comprehensively neutralize the PA activists’ ability to defend themselves by imposing crippling restrictions on what can be said in closing speeches. Under threat of secret contempt of court charges, the jury may be improperly swayed to convict them of serious crimes, not knowing harsh “terrorism”-related sentences will be attached.
PA was formed in 2020 to challenge the presence of Israeli weapons factories on British soil through hundreds of direct actions which focused exclusively on inflicting property damage. The group’s tactics have proved remarkably effective, causing millions in damage to Israel’s Elbit Systems and the closure of numerous factories across Britain. After Elbit appealed to the British state, it began conspiring with the weapons manufacturer to crack down on the activists.
The six PA activists currently on trial – Samuel Corner, Jordan Devlin, Charlotte Head, Leona Kamio, Fatema Zainab Rajwani, and Zoe Rogers – were acquitted of aggravated burglary in February. As The Grayzone exposed on April 12, a biased presiding Judge Jeremy Johnson sought to engineer a legal stitchup before the retrial to ensure the defendants were convicted. A former barrister for the MI6 and Metropolitan Police, Johnson has forbidden the jury from knowing that he can sentence the defendants on “terrorism” charges if they are convicted on lesser criminal charges.
During last February’s trial, Judge Johnson employed countless connivances to limit what evidence jurors could hear, while limiting the defenses they could consider when ruling on defendants’ guilt. PA lawyer Rajiv Menon used his closing remarks to remind jurors of their historic legal right to acquit based on conscience, known as jury equity. In multiple previous trials, PA activists had secured acquittals by arguing that their actions were necessary to prevent the much more grave crime of killing of civilians from taking place.
After the February trial of the six activists failed to produce a conviction, Judge Johnson initiated unprecedented contempt of court proceedings to punish Menon, the defense lawyer, for his successful closing arguments.
In the rigged retrial, the activists could be sentenced to as many as eight years in prison on criminal damage charges alone, and without jurors being aware of the penalties involved. Imprisoned activists would not be eligible for early parole, and their eventual release would have to be approved by a dedicated board for terror cases. They would be subject to control orders and police surveillance when freed.
To secure these convictions, Johnson has imposed a new secret gag order on defendants and their lawyers. If they dare to violate it, they risk prison for contempt of court.
A copy of the order obtained by The Grayzone exposes Judge Johnson’s egregious weaponization of contempt of court charges to sway jurors. Defendants and their lawyers are prevented from mentioning the principle of jury equity, which holds that a judge is forbidden from “[directing] a jury to convict.” They are also prohibited from inviting jurors to acquit the six activists based on conscience. That the activists believed “they had a defence to a charge of criminal damage” under British law likewise cannot be uttered.
Judge Johnson’s order furthermore bars the defendants and their lawyers from doing the following:
- Providing any reference to “Elbit’s activities in manufacturing weapons and supplying them to Israel; the nature of the property that the defendants damaged or destroyed; the defendants’ beliefs that weapons and other technology at Elbit’s factory would be used to kill or injure others, including children.”
- Discussing “the history of the Middle East, including events…since October 7 2023,” or “Israel’s activities in Gaza” at any time.
- Probing the jury’s “background knowledge and/or view about those events.”
- Mentioning that the six defendants “were arrested for terrorism offences,” subsequently remanded in custody for up to 18 months – under conditions so onerous several went on hunger strike, while one defendant attempted to commit suicide – then “acquitted of offences of aggravated burglary and violent disorder” in February.
Johnson’s naked attempts to rig the trial do not end there. At least nine people have been arrested for camping outside Woolwich crown court, where the six PA activists are being retried. Their crime was to have held signs reminding anyone entering the building – including jurors – of the principle of jury equity. Their signs read, “Jurors have an absolute right to acquit according to their conscience,” and “Jurors deserve to hear the whole truth.” They face contempt of court charges as a result.
The restrictions are so onerous that the activists are left with few legal means to defend themselves. They risk jail for contempt of court for providing the most basic context on their actions challenging the presence of the Israeli arms industry on British soil.
Having failed to stamp out PA’s activism or limit its popular support, the British national security state has delegated Judge Johnson with securing its proscription as a terrorist group on par with Al Qaeda. To fulfill the elusive goal, he has prohibited activists and jurors alike from acting according to conscience, obliterating the remnants of British democracy to preserve a safe space for Israeli weapons firms.
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