CAMPAIGN FOR
THE ACCOUNTABILITY OF AMERICAN BASES (CAAB)
Report of trial and
verdict
R v Lindis Percy
s.68 'Aggravated
Trespass' Criminal Justice and Public Order Act 1994
Cirencester Magistrates'
Court
3-4 March 2004
This case arose out of a
personal protest by Lindis Percy (Joint Co-ordinator with Anni Rainbow
- CAAB) at USAF Fairford - exactly one year later to the day of the
trial.
On 3 March 2003, eight
B-52 bombers had arrived at the American base in preparation for the
illegal invasion of Iraq. Lindis was researching on base at JAC
Molesworth when, driving back to Hull she heard on the radio that
the B-52s had arrived at USAF Fairford. She turned round
and went to Fairford to peacefully express her deep opposition to the
pending invasion and the use of these horrific machines. She was
not sure how this protest would be expressed when she arrived at
Fairford at about 5.30 pm.
After four hours on base
unseen and two of those hours spent sitting praying and meditating
underneath a parked brightly flood lit B-52 bomber, she placed an
upside US flag with the words - THE WORLD ROGUES - GWB and FRIENDS
written on them.
DAY 1 -
Wednesday 3 March 2004
This trial was to be a
version of the recent case concerning USAF Croughton and the 'justiciability'
of the legality of the operations, which had already been decided
on and appealed to the High Court by way of 'case stated'. In
this case Lindis had been found 'guilty' of the same offence [i.e. 'aggravated
trespass'.]
Paul Clark (District
Judge) had already ruled on the disclosure of documents requested by
the Defence in a pre-trial review at Cirencester Magistrates' Court on
15 January 2004. He had denied disclosure of the all documents
requested including the Standing Operating Proceedures for the US
'security' personnel and also any disclosure of a file on Lindis which
apparently exists.
The day before the trial,
the CPS had amended the charge - substituting '....in relation to
a lawful activity, namely operational airfield, which persons were
engaged in on that land...' to 'the security of the base'.
US Airman Jonathan Brown
said they had been briefed when they had come on duty on 3 March 2003 that
Lindis may be in the area. He said they were told 'to be
careful in case she tried to spit on us or flick blood at us should we
come across her as they believed she had hepatitis'. This is
libelous and totally untrue information which we are following up.
The first day consisted of
Brendan Moorhouse (Barrister for CPS) presenting his case and calling
his witnesses. The two US personnel (orginally seven were to be
called) had been flown over from the US. Among other witnesses,
Airman Jonny Brown gave evidence to say that he had been at USAF
Fairford for four days only.
Sqadron Leader Ian Palmer
(RAF Liaison Officer) was on duty on 3 March 2003. He gave
evidence to say that if there is a suspected or actual intruder on
base, the base is shut down.
PC Read (Ministry of
Defence Police Agency) was at USAF Fairford from the Royal Mint.
He arrived at the scene to find Lindis on the ground and handcuffed.
He said he told the US personnel to 'back off' and he took control of
the situation (this was not actually the case). He had
immediately arrested Lindis under s.68 'aggravated trespass' (Criminal
Justice and Public Order Act 1994).
A taped interview was read
where Lindis said she had trespassed on the land as a civil trespasser
and that her intention was to peacefully protest at the arrival of the
B-52 bombers - in preparation for the pending illegal invasion of
Iraq.
She had been on the base
for 4 hours - two of which she had been sitting under the belly of a
B-52 bomber. Not once while she was there were the planes
checked by any patrol on foot.
After the Prosecution had
completed their case, Martin Huseyne (Barrister representing Lindis)
made an application for 'no case to answer' on the grounds that there
had been no evidence to suggest that there had been a 'second act' so
triggering the 'aggravation' of the offence. The case of DPP v
Barnard (LJ Laws and Potts - QBD 1999) was sited although not from the
transcript. Paul Clark (DJ) ruled against the Defence and
said there was a 'prima facie' case to answer.
DAY 2 -
Thursday 4 March 2004
Having obtained the full
Judgement over night, Martin Huseyne returned to the 'no case to anwer'
application. The case of Barnard makes it quite clear that the
second act required by statute must be 'distinct and overt' - in this
case the placing of the US flag. The DJ ruled again ruled
against us.
Lindis then gave evidence
and was in the witness box for about an hour and a half. After
the summing up of the Defence case siting the Barnard case and Percy v
DPP (LJ Kennedy and Hallett - QBD 2001), the DJ adjourned to reach his
verdict.
Paul Clark (DJ) returned
to court at 3 pm. In a grudging ruling with reprehensible
comments against Lindis, he reluctantly found Lindis 'not guilty' of
the offence as charged. He ruled that there was no
evidence to suggest that that the placing of the US flag had
caused any disruption. There had been no 'second act'. He
nonetheless refused to grant Lindis any Defendent's costs.
This ruling is encouraging
in that it may make the the Ministry of Defence Police Agency more
cautious about using this draconian Act as a 'catch all remedy'.
This Act was never meant to be applied to peaceful protest but over
the years has been used against Lindis and others on many occasions.
Thank you so much to all
the Ffriends who quietly supported Martin and Lindis during the two
day trial - also thank you so much for the generous hospitality.
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
