Tommy Robinson’s arrest at the Channel Tunnel last year was “discriminatory” as it was based on police’s knowledge of his political beliefs, a barrister representing the right-wing activist has told a court.
The 42-year-old was stopped in Folkestone in July last year while behind the wheel of a luxury Bentley Bentayga that was not registered in his name.
Robinson, whose real name is Stephen Yaxley-Lennon, was heading to Benidorm on Spain’s Costa Blanca, carrying more than £13,000 and €1,900.
Under the Terrorism Act, police can stop anyone passing through a UK port to “determine whether they may be involved or concerned in the commission, preparation or instigation of acts of terrorism”.
Officers said they were suspicious of “vague replies” Robinson gave about his movements and demanded access to his iPhone under schedule 7 of the act.
Robinson, who was recognised by police, was led to an interview room and his phone was seized, Westminster Magistrates’ Court heard.
He is accused of “frustrating” counter-terrorism powers by refusing to give access to the phone.
Alisdair Williamson KC, defending, said the officers’ actions were “discriminatory” because they were based to a “significant degree on a protected characteristic”.
He claimed the “predominant influence” on PC Mitchell Thorogood’s decision to stop him was: “‘Oh look, it’s Tommy Robinson.'”
He added: “If MI5 didn’t think that Mr Lennon is a terrorist, what did PC Thorogood think he was going to learn by asking him about publicly available information?”
Mr Williamson alleged officers had used an “extraordinary power that needs to be properly policed” to try to find out information that was already known.
The KC told the court Robinson travels to Benidorm regularly, suggesting that should have lessened the officer’s suspicions about him.
He claimed there was “no evidence that the stop was carried out diligently or expeditiously” and that it was a “fishing expedition” because there was nothing to link Robinson to terrorism.
But prosecutor Jo Morris said the officer was concerned because of the former English Defence League (EDL) leader’s “notoriety for associating with far-right activists”.
She added: “It is a reasonable suspicion to think that on his telephone there may be information relevant to acts of terrorism,” she added.
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On Monday, the court heard that Robinson claimed his phone had sensitive “journalist material” on it.
He is said to have told police: “It’s my work, I’m a journalist,” claiming it contained information about “vulnerable girls”.
Robinson denies failing to comply with counter-terrorism powers. If found guilty, he faces three months in prison and/or a £2,500 fine.
Before the hearing, he said in a video on X that billionaire Elon Musk had “picked up the legal bill” for “this absolute state persecution”.
District Judge Sam Goozee will not hand down his ruling until 4 November because Robinson is travelling to Israel as a guest of the government, the court heard.
