Palestine Action trial: Justice Johnson refuses recusal amid bias claims at Old Bailey

Justice Johnson has declined to step down from the Palestine Action trial despite defence claims of prejudicial bias. The judge apologised for mishandling a contempt referral but will proceed to sentence.

Palestine Action judge rejects recusal bid as terrorist sentencing looms

Justice Johnson has refused to remove himself from the trial of four Palestine Action activists at the Old Bailey, novaramedia.com reports, despite a formal application from the defence citing "prejudicial bias".

The judge apologised in court on Monday for his handling of an unprecedented attempt to have lead defence barrister Rajiv Menon KC prosecuted for contempt of court — a move the Bar Council described as "troubling". The Court of Appeal ruled last month that Johnson had wrongly referred the contempt case directly to the High Court rather than to the Attorney General.

"I was wrong to do that and I'm sorry about that, of course," Justice Johnson said. "I'm sorry it has meant this will now take longer than it would have done."

He nonetheless rejected the defendants' application for him to step aside.

Menon KC had faced contempt proceedings after allegedly defying a court order by telling a jury in a previous trial that they held the right to acquit based on conscience. In the most recent trial, the jury found Charlotte Head, 29, Samuel Corner, 23, Leona (Ellie) Kamio, 30, and Fatema Rajwani, 21, guilty of criminal damage. Corner was additionally convicted of grievous bodily harm without intent.

Justice Johnson is now set to sentence the four as terrorists under section 69 of the Sentencing Act 2020 — adding a 'terrorist connection' to the charges in what campaign group Defend Our Juries has called an unprecedented move that was kept from the jury throughout the trial. Reporting restrictions also prevented the media from covering the matter during proceedings.

Defend Our Juries said in a statement: "Today, during a hearing at the Old Bailey, Mr Justice Johnson heard an application made by four defendants to recuse himself from their case on the grounds of his prejudicial bias, evidenced through both of their trials."

The group added: "The only safeguard in place for a judge who ignores the jury's verdict is to rely on that judge recusing themself. It's not likely to surprise anyone that this is not what happened today. These four young people face being sentenced as terrorists despite not being convicted of terror offences and not being found guilty of intentional violence."

Source: Irish Independent