CAAB REPORT
of
Arrest and charge at 'RAF'
Fylingdales
North Yorkshire
9 March 2004
Lindis Percy has been pursuing the question of
invalid Military Land byelaws at various US bases round the
country for about 16 years. She has challenged this law in the courts
four times and was successful with John Bugg in getting rid of the
first set of byelaws at NSA Menwith Hill in 1993 (DPP v Percy and another
- LJ Woolf and Pill QBD 1993). These byelaws were later repealed
when the second set of byelaws came into force in 1996.
Many of the Military Land Byelaws are invalid
and the Ministry of Defence Police Agency (MDPA) and the Crown Prosecution
Service know this. The MDPA have continued to arrest, detain,
de-arrest, 'report with a view to prosecution' and occasionally charge
under unsafe law. However, for several years now both Agencies have refused
to allow any byelaw case to come to court and instead have used
inappropriate laws to suit their purpose.
Military Land Byelaws are in force at 'RAF
Fylingdales.
On 9 February 2004 Lindis went to Fylingdales
with the express intention of peacefully
walking on MOD land (thereby committing
an offence under the byelaws) in order to challenge the byelaws in
court. She prepared a written statement which included this.
She told the two MDPA officers who happened to pass on 'quad' bikes and
stop, that she was committing an offence under the byelaws. This fact
was ignored. She was then asked to leave but declined - so committing
another offence under the byelaws.
Instead of being arrested under the byelaws,
Lindis was arrested under s.68 'aggravated trespass'
(Criminal Justice and Public Order Act 1994). She gave the MDPA
officer her prepared statement as her reply to caution. She was
interviewed at Scarborough Police Station by a CID officer who had come from
Cattrick (three hours drive away) and eventually charged under s.68
'aggravated trespass' (Criminal Justice and Public Order Act 1994).
A question arose as to why the arresting officer
and another MDPA officer (who accompanied Lindis to Scarborough Police
Staion) could not have interviewed - instead of Lindis being held in
custody for nearly 6 hours to await the arrival of an officer from
Catterick.
Police bail conditions were imposed: not
to go within 50 metres of MOD property with the exception of travelling in a
vehicle along the A169 between Pickering to Whitby.
...............................
An unwitting breach of bail
conditions
at NSA Menwith Hill
North Yorkshire
10 February 2004
The next night at the weekly CAAB demonstration
on Tuesday evening (6-8 pm) at Menwith Hill, Lindis was taken by
surprise (having been there for half an hour) to be told by an MDPA
officer that she was in breach of the bail conditions imposed the day before
by Scarborough Police.
She had read the bail conditions carefully and understood
them to apply to Fylingdales only and not to ALL MOD property.
The wider interpretation by the MDPA would make the bail
conditions uncertain, draconian and unenforceable. Lindis would not
have attended the CAAB demonstration if this meant that she would be in
breach of her bail conditions.
Having complied with the directions of
the MDPA to leave Lindis was immediately arrested for breaching bail
conditions applying to Fylingdales and Menwith Hill (not to go
within 15 metres). She had had to return to the base with some
urgent property for one of the demonstrators that she had unwittingly taken
with her.
She was held overnight at Harrogate Police
Station and appeared in court the next morning. The Magistrates reset
the bail conditions having agreed that the Fylingdales conditions were
confusing and that there were extenuating circumstances for the enforced
breach of bail conditions at Menwith Hill.
Lindis was released with the new conditions
-not to go within 15 metres of Menwith Hill or Fylingdales with
exceptions for protest and the Quaker Meetings for Worship.
-------------------------------------------------------
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
"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
