CAAB report 100
Tuesday 15 July '03 at
NSA Menwith Hill
The weekly demonstration organised by CAAB again
took place at the Main entrance to Menwith Hill (now going for over three
years). There were five people present.
The 'policing' of this demonstration has been
between North Yorkshire police (NYP) who have jurisdiction outside the
base and the Ministry of Defence Police Agency (MDPA) - inside the base.
NYP were withdrawn about three weeks ago and now the MDPA have to once
again ask NYP for permission to step outside the base and 'police' the
highway at the Main entrance. This was apparently given for the
demonstration.
Within half an hour Lindis Percy was arrested for
allegedly obstructing the highway (s.25 PACE 1984). She was taken to
Harrogate Police Station (HPS) where she was detained and later interviewed by PC
Nick Clark and PC Kevin Clarke (MDPA).
At the end of the interview PC Clark said that
after making a phone call to Menwith Hill, he was informed that Lindis
had been in breach of the bail conditions (imposed in March at Daventry
Magistrates' Court re USAF Croughton).
Lindis was arrested by PC Clark in the
interview room, later charged with 'obstruction of the highway' and
held over night at HPS for allegedly being in breach of the bail conditions.
She appeared in court the next day (Wednesday 16 July) where she denied
breaching her bail conditions and entered a plea of 'not guilty' to the charge
of 'obstruction of the highway'.
There was a delay of the hearing because of a
'conflict of interest' by the CPS solicitor who had previously
represented and advised Lindis in several cases. He withdrew because of
this. Eventually a replacement solicitor was found and Lindis appeared
in court at 1.15 pm.
Reading from a statemen, Peter Ostler (CPS) told
the Magistrates that Sergeant Sheardown (MDPA) who had been in the CCTV
control room during the demonstration, was aware of Lindis's bail
conditions. He had previously measured 5 meters from the 'yellow line'
(purportedly marking the boundary and a line that CAAB has challenged in the
court) but that he had not marked this distance on the ground.
Peter Ostler said that PC Clark had told Lindis on
'numerous occasions' that she was obstructing the traffic coming out of the
base (Lindis denied this at the time and in the court). She was
'moved' by PC Hall (MDPA) during the demonstration and Sergeant Sheardown
had observed Lindis sitting on the ground and to the side of the entrance
to Menwith Hill. He said that this action meant that she was
in breach of her bail conditions.
A video of the incident was played in court.
Lindis then gave evidence. She was cross examined by Paul Norton who
represented her. She pointed out to the Magistrates, with the help of
the video, that at the time of the alleged breach of bail conditions when she
was sitting on the ground, she was under arrest and therefore in police custody.
PC Clark had arrested her and Lindis was giving a reply to caution
when PC Gary Hall suddenly interferred and roughly pushed and shoved
Lindis to the side of the entrance to Menwith Hill. Lindis told
the Magistrates that she had sat down on the road to stop this rough and
unnecessary handling by PC Hall. At no time was Lindis informed that she
was in breach of her bail conditions by Sergeant Sheardown or any of the
officers present.
There was no other evidence on the CCTV video recording
that Lindis was in breach of her bail conditions. The Magistrates
found the breach 'not proved'.
A pre-trial review for the alleged
offence of 'obstruction of the highway' was fixed for 18 August.
The CPS then made an application for the bail conditions to be varied to
'not to go within 50 meters of the boundary of Menwith Hill (increasing
the distance of the bail conditions set by Daventry Magistrates).
Lindis made representations to the Magistrates re
the difficulties with any distances imposed (an example being the reason why
Lindis was in court at the time). She also asked that an exception be
made so that she could attend the bi-monthly Quaker Meeting for Worship
at Menwith Hill. The CPS objected to this, saying that it was not
necessary for her to attend.
The Magistrates imposed bail conditions 'not
to go within 15 meters of the boundary to Menwith Hill' and allowed an
exception to attend the regular Quaker Meetings for Worship.
Lindis now has four different bail conditions
imposed by various courts from incidents at:
1) USAF Fairford (3 March) when 14 B-52s
landed - 'aggravated trespass' and 'criminal damage' by hanging a US flag
upside down with the words 'GWB and friends - the world's rogues' on to the
underside of a B-52(subsequently charge dropped) - bail conditions varied
recently to 'not to go within 2 meters of the boundary of RAF Fairford'
2) USAF Croughton (23 March - Lindis was
remanded to Holloway for one week) - bail conditions - 'not to go within 5
meters of nine listed US bases'
3) RAF Fylingdales (26 April) 'aggravated trespass
(testing invalid military land byelaws) - bail conditions ' not to go
within 50 meters of perimeter of RAF Fylingdales - exception to attend Quaker
Meeting for Worship
4) NSA Menwith Hill (15 July) - as in above
report
Anni Rainbow and Lindis Percy
Joint Co-ordinators
CAMPAIGN FOR THE ACCOUNTABILITY OF AMERICAN BASES (CAAB)
8 Park Row, Otley, West Yorkshire, LS21 1HQ, England, U.K.
Tel/fax no: +44 (0)1943 466405 0R +44 (0)1482 702033
email:
anniandlindis@caab.org.uk
or
caab@btclick.com
Website:
http://www.caab.org.uk
"Never doubt that a small group of thoughtful,
committed citizens can change the world: indeed it's the only thing that ever
does."
Margaret
Mead
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