Tommy Robinson was discriminated against by police because of his political beliefs when he was stopped at the border in a luxury Bentley, a court has heard.
Robinson, 42, whose real name is Stephen Yaxley-Lennon, was driving a silver Bentayga to the Spanish tourist hotspot of Benidorm when he was stopped by officers at the Channel Tunnel in Folkestone, his trial at Westminster Magistrates’ Court heard.
Alisdair Williamson KC, defending, said the stop and detention was unlawful because officers had taken a “discriminatory stance” based on their knowledge of Robinson’s views.
Police were suspicious of his “vague replies” about what he was doing and demanded access to his iPhone under Schedule 7 of the Terrorism Act.
The Act gives police the power to 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”.
Robinson denies failing to comply with the counter-terrorism powers during the incident on July 28 last year.
District Judge Sam Goozee will not hand down his ruling until November 4 because Robinson is travelling to Israel as a guest of the government, the court heard.
Before the hearing, the former English Defence League (EDL) leader said in a video posted on X that billionaire Elon Musk had “picked up the legal bill” for “this absolute state persecution”.
On Tuesday, Mr Williamson said the officers’ intervention was “discriminatory” because it was based to a “significant degree on a protected characteristic”.
He said that 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 said that officers had used an “extraordinary power that needs to be properly policed” to try to find out information that was already known.
Mr Williamson suggested Robinson travelled to Benidorm regularly, which should have lessened the officer’s suspicions about him.
He said there was “no evidence that the stop was carried out diligently or expeditiously”, and that it was a “fishing expedition” as there was nothing to link Robinson to terrorism.
Prosecutor Jo Morris said the officer had concerns about Mr Robinson’s “notoriety for associating with far-right activists”.
“It is a reasonable suspicion to think that on his telephone there may be information relevant to acts of terrorism,” she added.
She said on Monday that the officers “became concerned” about the activist’s “demeanour” after he drove alone into the police inspection area.
“He gave short, vague replies and made no eye contact,” she continued.
Robinson, who was recognised by police, was led to an interview room and his phone was seized, the court heard.
On the way there, he tried to film a video of himself saying he had been arrested, and was told by officers to “relax”, the trial was told.
Asked to hand over the phone’s Pin, Robinson replied: “Not a chance bruv… you look like c***s, so you ain’t having it.”
“It’s my work, I’m a journalist,” he said, adding that the phone held information about “vulnerable girls”.
“The process by which journalistic material would be protected was explained to him,” Ms Morris said.
The campaigner had more than £13,000 and 1,900 euros on him when he was stopped and was travelling in a high-value car that was not registered under his name, the trial heard.
He had also booked his tickets to travel on the day, the court was told.
The court heard that while being interviewed, Robinson told the officers: “For me it’s a win-win, it’s going to be bad for yous.”
Under Schedule 7 of the Terrorism Act, the person who is detained can be held for up to six hours, is legally obliged to answer questions and must provide the password or Pin for electronic devices, or be held to have committed a criminal offence if they refuse.
If found guilty, Robinson could be jailed for up to three months and/or receive a £2,500 fine.
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