Reform UK leader Nigel Farage has been referred for potential prosecution over his public critiques of the British justice system amid the controversial Manchester Airport trial.

On Friday, the Crown Prosecution Service (CPS) said that it would not be seeking a third re-trial against Muhammad Amaad, 26, and Mohammed Fahir Amaaz, 21, over the alleged assault of Police Constable Zachary Marsden at Manchester Airport in July 2024, after two juries failed to come to a verdict. Amaaz was previously convicted of assaulting two female officers during the same incident, however.

The altercation initially sparked uproar after selectively edited footage was leaked to the press of PC Marsden apparently kicking one of the accused in the head. Further footage was later published, appearing to show a police woman having her nose broken during the incident, undercutting the initial public narrative, which had sparked unrest in the local Islamic community.

After months of public pressure, including Reform UK hiring attorneys to launch a private prosecution against the two brothers, the CPS charged Amaad and Amaaz over the incident.

However, the nearly five months taken before any prosecution, and the contrasting swift and unrelenting crackdown against the riots following the murder of three young girls at a Taylor Swift dance party in Southport, sparked accusations of unequal justice.

Among those making the critique were Nigel Farage, who said at the time that there was a “system of two-tier policing, under two-tier justice, under two-tier Keir.”

“You only have to look at the reluctance to prosecute those violent thugs in Manchester Airport who beat up the police officers,” he added. “It took months and months for any prosecution to be brought, and I suspect the reason that it happened is because Reform said if they didn’t, we would take out our own private prosecution.”

For such public comments, Judge Neil Flewitt KC referred Mr Farage to Attorney General Lord Hermer for potential criminal prosecution, claiming the statements may have amounted to contempt of court.

“I took the view that the observation made by Nigel Farage was potentially a contempt of court as it implied the guilt of the defendants,” Judge Flewitt wrote, according to The Telegraph.

“As Nigel Farage is a well-known politician with a considerable following and whose public utterances attract a lot of attention, I decided to refer the matter to the Attorney General so that he could consider whether there should be a prosecution for contempt of court.”

However, the judge said that he did not believe that the Reform chief’s comments would “adversely affect the fairness of the trial”.

Responding to reports of the prosecution referral, Mr Farage said on Friday: “It’s quite clear that our judiciary is in an even worse state than I imagined. The politicisation of the courts will end under a Reform government.”

Reform UK shadow Home Secretary Zia Yusuf accused Judge Flewitt of presiding over a “historic miscarriage of justice” in the Manchester Airport trial and said that a Reform government would remove “this unfit judge from office”.

The judge said in his written judgment that Mr Farage’s intervention, “however unwelcome, would not adversely affect the fairness of the trial”.

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