Alleged breach of bail conditions again not proved

 

10 September 03

 

At the end of the regular CAAB demonstration at NSA Menwith Hill PC James Brian was ordered by Sergeant Phil Thomas of the Ministry of Defence Police Agency (MDPA) to arrest Lindis Percy.  The alleged offence was breach of bail conditions. 

 

Lindis was detained in Harrogate Police Station over night and appeared in court this morning.  Simon Ostler (CPS) said that he was not making a application for remand in custody as this was a 'technical' breach. The two Magistrates (the third withdrew because of a conflict of interest) took about two minutes to find that the alleged breach of bail was 'not proved' after watching video evidence and hearing from Andrew Tinning (Lindis's solicitor).

 

For the third week running since the bail conditions were last varied, Lindis had arrived in a van, which was parked in a slip road by the Main gate.  She then walked straight across the road opposite the Main entrance and stood on quietly on the grass verge holding a banner - within the terms of the bail conditions.  No action was taken by the MDPA.

 

About half way through the protest Inspector Penfold (MDPA) suddenly came out of the base to talk to Lindis. He informed her in no uncertain terms that if she crossed the road to get back into the van she would be arrested for breach of bail conditions. 

 

The bail conditions specifically said that Lindis could use the public roads surrounding Menwith Hill but that she had to stay 15 meters outside the boundary of the base.

 

There were further discussions between the MDPA.  The plan changed and Lindis was then informed that she would be escorted back to the van at the end of the demonstration by an officer;  but only after Laura (also present) had packed up the banners, Anni had got in the van and was ready to drive off.  Lindis would then be escorted into the van and the van would be immediately driven away.

 

Lindis questioned the need to be escorted as the bail conditions quite plainly stated that she could use the public roads.  She had started to walk across the road towards the van with PC James Brian following, when Sergeant Thomas ordered him to arrest her for allegedly being in breach of the bail conditions.

 

She was taken to Harrogate Police Station by 3 MDPA officers.  The custody officer heard the arresting officer give his reasons for arrest but was unable to say what the full bail conditions were.  He only said that it was 15 meters.  He did not have a copy of the bail conditions to show to the custody officer. 

 

During the whole of this incident the logic of the MDPA was difficult to comprehend. The policing has been inconsistent from week to week.  CAAB is deeply concerned that this is the third time that the MDPA have spuriously arrested Lindis for allegedly being in breach of her bail conditions.  Each time she has been held overnight in a police cell and each time the Magistrates have found that a breach of bail has not been proven.

 

CAAB has rigorously pursued this issue because it is important that the Human Right to peaceful protest is upheld;  despite the actions of the MDPA which has been inconsistent from week to week (eg military land byelaws and the 'yellow line' issues have been constantly manipulated).  CAAB have been holding this weekly demonstration for over three years and it becomes more and more necessary to continue.