A fathers’ rights activist who set up camp on Chris Grayling’s roof last year is due to stand trial for criminal damage tomorrow.

They said if the Justice Secretary was in court to give evidence he should "expect the unexpected".

Martin Matthews, 47, of Middlemead Road, Bookham, climbed onto the roof of the house of the Epsom and Ewell MP in Ashtead last August for a day and a night to "highlight the injustice parents face in the present family court system".

The New Fathers 4 Justice campaigner climbed up with supplies and unfurled a banner and was even caught on camera apparently mooning from the Justice Secretary’s rooftop.

Mr Matthews is due to appear at South East Surrey Magistrates’ Court tomorrow to answer a charge of criminal damage, which he has previously pleaded not guilty to.

His charge states: "On or between 19th and 20th August 2014 at Ashtead in the county of Surrey without lawful excuse, damaged part of a roof to the value of approximately £400 belonging to Chris Grayling intending to destroy or damage such property or being reckless as to whether such property would be destroyed or damaged."

In a statement issued yesterday, New Fathers 4 Justice said Mr Grayling should "expect the unexpected".

"Chris Grayling has accused Martin of damage to his roof, so he will to be at court to give evidence," it read.

"Others activists will also be present, expect the unexpected.

"No parent who is fit and willing should ever be denied their right to share equally in the lives of their own children.

"New Fathers 4 Justice campaigns for greater rights for fathers when parents split and is not associated with Matt O'Connor or Fathers4Justice UK.

"We use direct action and protests to highlight the injustice fathers face in the present family court system.

"We want nothing less than a legal presumption of equal contact for a child with their parents if they split up, and the abolition of the deeply controversial, undemocratic secret court system that still exists within the family division despite 40 years of inequality and protest."