CAAB REPORT 114
DAY 1
Harrogate
Magistrates' Court
Monday - 16 February
2004
Alleged 'obstruction of the
highway' at
NSA Menwith Hill - 15 July 2003
Lindis Percy was arrested and charged re the
above alleged offence at the weekly CAAB demonstration at NSA Menwith Hill
last year.
The case of Hirst and Agu v Chief Constable
of West Yorkshire (QBD Lord Justice Glidewell and Mr Justice Ottan
(1986) - obstruction of the highway) was central in the protest and trial -
involving the balance between the right to protest (Article 10 Human Rights
Act 1998) and the right to pass and repass on the highway - ie the free flow
of vehicles coming out of the American base at Menwith Hill (unless the
obstruction is so small that it comes within the 'de minimus' rule).
Lindis defended herself. The case came to
trial in October last year but because of the obstructive behaviour of Simon
Ostler - Crown Prosecution Service (CPS) when he refused to disclose
some of the 'unused material', the case had to be adjourned on the day
of the trial. Eleven Ministry of Defence Police Agency (MDPA) had been
called by the CPS.
The court granted legal aid so that Lindis could
be represented in the hope that the documents would be disclosed.
When Lindis arrived in court on Monday, she was
told that the Solicitor who was to represent her was ill and the firm was
unable to send anyone else. The choice was then either for the case to
be adjourned yet again or that Lindis defend herself. She had no
papers as they were with the Solicitor's firm in Leeds. She
had not seen the papers since the aborted trial in October.
Lindis decided to go ahead with the case. The
papers duly arrived from Leeds. Eight MDPA officers gave evidence and
were cross examined by Lindis. One MDPA officer had been flown back
from duties in Kosovo especially to give evidence.
The Magistrates and the witnesses were
frequently referred to a CCTV video recording of the demonstration. The
court adjourned at 4.30 pm when the CPS ended their case.
DAY 2
Tuesday 17 February 2004
The day started with Lindis in the witness box
giving evidence. She took the Magistrates' through the video
recording, up to the point when she was arrested. Robert Moore (CPS)
then cross examined Lindis and seemed to seize on one incident when a car
was stopped by Lindis standing in front of it. She was holding an
upside- down US flag with the words 'INDEPENDENCE FROM AMERICA' written on
it. Robert Moore timed this incident and found that the car was held
up for 20 seconds. The demonstration was peaceful and ordered.
Taking the Quaker 'affirmation', Anni
Rainbow gave evidence and was questioned by Lindis. Anni told the
Magistrates that this was one of many demonstrations that had
been held every Tuesday evening for over 3 years. The 'policing'
however was often very different from week to week. How the
demonstration was 'policed' seemed to depend on which MDPA shift was on.
It was usually without conflict when North Yorkshire Police were present.
Anni gave evidence that she had summoned for a
similar offence after being 'reported with a view to prosecution'
later on at the same demonstration and after Lindis had been arrested.
A few days before the first hearing, Anni received a letter from the CPS
informing her that the case would be discontinued and 'no further
action' would be taken as to continue would 'not be in the public interest'.
After Anni's evidence and cross examination by
Robert Moore (CPS), Lindis referred the Magistrates' to the case of Hirst
and Agu v West Yorkshire Police QBD 1984 and other authorities.
Robert Moore replied to the legal arguements -
and again cited the '20 second' incident.
Lindis then summed up her case - emphasising the
importance to maintain the balance of the right to protest and the free flow
of traffic. She carefully went through the High Court case and
particularly drew the Magistrates' attention to a quote by Lord Denning:
"....Here we have to
consider the right to demonstrate and the right to protest on matters of
public concern. These are rights which it is in the public interest
that individuals should possess: and, indeed, that they should
exercise without impediment so long as no wrongful act is done. It is
often the only means by which grievances can be brought to the knowledge of
those in authority - at any rate with such impact as to gain a remedy.
Our history is full of warnings against suppression of these rights.
Most notable was the demonstration at St Peter's Fields, Manchester in 1819
in support of universal suffrage. The magistrates sought to stop it.
Hundreds were killed and injured. Afterwards the Court of Common
Council of London affirmed 'the undoubted right of Englishmen to assemble
together for the purposes of deliberating upon public grievances'.
Such is the right of assembly. So also is the right to meet together,
to go in procession, to demonstrate and to protest on matters of public
concern...."
The Magistrates adjourned for about 2 hours and
returned with their decision. The alleged obstruction of 20
seconds did pass the test of 'de minimus'. The case brought by
the Crown was not proved and was therefore dismissed. Lindis was
awarded costs.
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
