Tommy Robinson’s Facebook livestream of defendants in a criminal trial last May was “reckless”, High Court judges have been told.
In the video, which lasted an hour and a half and was viewed thousands of times on social media, Robinson, whose real name is Stephen Yaxley-Lennon, discussed a trial of members of a Huddersfield grooming gang.
The move was in breach of a reporting restriction covering the trial, which banned publication of any details until after the end of several linked cases involving 29 defendants, in a bid to ensure they all received a fair trial.
The former English Defence League (EDL) leader is accused of committing contempt of court after he broadcast the footage from outside Leeds Crown Court on May 25 2018, while the jury in the second trial was considering its verdict.
Outlining his case at a hearing on Thursday, Andrew Caldecott QC, for the Attorney General, told the court there were “inconsistencies” between various accounts Robinson has given about his efforts to check about reporting restrictions before the broadcast.
Referring to the reporting restriction, Caldecott said: “He was at court, he could have ascertained its terms with ease, either on the day or earlier, and it was a wholly unreasonable risk to speculate as to what the terms were, or might be, and that subjective recklessness is enough.
“Even if he did not know for certain the terms of the order he knew the existence of such an order was likely and again was subjectively reckless.”
Caldecott asked Robinson if he remembered being directed to the court’s general office by a security officer to check if the reporting restriction was still in place, to which Robinson replied he couldn’t remember.
Caldecott said: “I’m suggesting to you that the reason you didn’t go to the office … was because you wanted to film the defendants who you knew tended to arrive early at court.”
Robinson replied: “I took the view that it didn’t matter, if I wasn’t going to report on the details of the case, and that if I was only going to stick to details in the public domain, it didn’t matter.”
He told the court he believed images of defendants accused of such serious crimes should be made public.
He added: “My total purpose is to raise awareness of these issues.”
Even if he did not know for certain the terms of the order he knew the existence of such an order was likely and again was subjectively reckless
In one clip, which was played in court, he repeatedly asked two defendants “how are you feeling about the verdict?”, and in another extract Robinson said he thought the public should know what the defendants look like.
Caldecott said Robinson made a “direct appeal” to his followers to “follow, harass and so forth” the defendants, and repeatedly asked those watching the livestream to share it online.
Robinson, 36, from Luton, Bedfordshire, could be sent back to jail if he is again found in contempt, an offence which carries a maximum sentence of two years.
He was jailed for 13 months in May 2018 after he filmed people involved in a criminal trial at Leeds Crown Court and broadcast the footage on social media.
The sentence included three months for contempt at Canterbury Crown Court in May 2017, which was suspended at the time.
But he was freed from prison after serving two months of his sentence following the Court of Appeal’s decision to quash the finding of contempt made in Leeds.
The case was then referred back to the Attorney General, who announced in March that it was in the public interest to bring fresh proceedings against Robinson.
The hearing is due to last two days.