Far-right activist Tommy Robinson was unlawfully stopped driving a Bentley at the entrance to the Channel Tunnel, and counter-terrorism officers made a disproportionate use of their powers, his lawyer has told a court.
The 42-year-old, who was charged under his real name Stephen Yaxley-Lennon is standing trial at Westminster Magistrates’ Court for refusing to give the Pin for his mobile phone to officers during the stop. He has pleaded not guilty.
Prosecutor Jo Morris said that while the stop may not have been “perfect”, that does not mean it was unlawful.
Judgement in the trial has been delayed until 4 November following closing arguments.
If found guilty, Mr Lennon could be jailed for up to three months and/or receive a £2,500 fine.
He was stopped by police on 28 July, 2024, using their counter-terrorism powers as he prepared to enter the Channel Tunnel while driving a silver Bentley Bentaygo.
Officers from Kent Police said they did so partly because he was driving someone else’s car and had not pre-booked his ticket.
They said they became more suspicious when Mr Lennon would not make eye contact with them and said he was driving all the way to Benidorm. When asked for the Pin to his phone he refused.
A person who is detained under Schedule 7 of the Terrorism Act is legally obliged to provide the password or Pin for electronic devices.
In his closing submissions to the judge on Tuesday, Mr Lennon’s barrister, Alisdair Williamson KC, said: “The question for you. Is this a lawful stop? If it is not, you cannot convict Mr Lennon.”
Mr Williamson described the power that police officers have at ports and airport as “extraordinary” and said there needed to be “assiduous oversight” of this power, which he described as the only one there was to “compel people under pain of criminal penalty to answer questions”.
He described Mr Lennon as a “public figure” whose views are “well known” and asked what the justification was for the police’s use of “coercive powers”.
“What were they going to find out that wasn’t in the public domain?” Mr Williamson asked.
He pointed out that the officers did not ask any further questions about the Bentley after Mr Lennon told them it belonged to “a mate” and said his client travelled to Benidorm regularly.
In her closing speech, prosecutor Jo Morris said “we accept that the stop may not have been a perfect one but that does not make it unlawful.”
She said “there was no real dispute over the facts” and that Mr Lennon had been warned of the consequences and was offered legal advice but still refused to give officers his Pin.
Before the hearing began on Monday, Mr Lennon – the former leader of the English Defence League (EDL) – said on X that the social media platform’s billionaire owner, Elon Musk – who has previously championed him – had “picked up the legal bill” for the case against him, which Mr Lennon described as “state persecution”.
Mr Musk has not publicly confirmed this.
