CAAB
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CAAB Report 126 |
Tuesday 6 July 2004
The contentious issue of bail
conditions reared its ugly head once again at this week's Tuesday
evening CAAB protest outside USAF Menwith Hill.
Lindis Percy was arrested within
under half an hour of arriving at the demonstration by Vanessa Edwards
(Ministry of Defence Police Agency (MDPA) officer from Divisional
Support Unit York) for allegedly breaching the 5 metre
exclusion condition at the Main Entrance and round the base.
Bail conditions were imposed by
the police after Lindis was charged under s.69 'aggravated
trespass' (Criminal Justice and Public Order Act 1994) - not to cross
the yellow line or go within 15 metres of the perimeter fence or
circumference of Menwith Hill - see previous CAAB report. These were
varied to 5 metres on 22 June 2004 by Harrogate Magistrates as with
these conditions she could not demonstrate or attend the regular Quaker
Meeting for Worship. Acting Sergeant Sheehan (with the help
of Lindis) measured a 5 meter distance with a tape measure.
On Tuesday 27 June Lindis went to
Harrogate Court to make an application to vary the bail for the '4
July Independence FROM America' demonstration. The
appropriate file was not in court therefore no application could be
made.
A new hearing was set for Thursday
29 June. She had to leave at the end of the day because of an
appointment. Another hearing was listed for the next day.
Lindis made the application
herself but the Magistrates decided to refuse it as 'nothing had
changed' to justify a variation. She was concerned that because of
the confusion re the precise distance by some police (MDPA and Home
office police) she would be spuriously arrested again.
At the 4 July demonstration Lindis
was careful to keep within the 5 metre condition. She was then suddenly
told by a senior officer that the bail conditions were to be relaxed.
She was allowed to freely walk within the 5 metres of the base
throughout the whole demonstration, even though the Magistrates had not
allowed her application to remove the 5 metre distance of the bail
conditions.
On Tuesday evening ( 7 July )
at the regular CAAB demonstration Lindis was again careful not to be in
breach of bail conditions. She had noticed when Anni and she had
arrived that there was a police van parked by the Main
entrance with the doors open.
Lindis was suddenly told by
Sergeant Thomas (MDPA) a new distance of the 5 metres had been decided.
It seemed that the 'goal posts' had been moved once again. She
continued to demonstrate and was subsequently told that the bail
conditions applied to a where a cone had been placed. Again the 5
metre distance had been changed.
Lindis was suddenly arrested after
Vanessa Edwards (MDPA) said she was in breach of the bail conditions and
Lindis continued to walk within the initial distance which had been
measured with a tape measure by Acting Sergeant Sheehan on 22 June.
The whole incident was carefully
video recorded by PC Mike Finlinson - the MDPA 'Evidence Gathering'
officer for the night. It was also all recorded on a static CCTV
camera.
Lindis was taken to Harrogate
Police Station and held overnight to appear in court the next morning
for alleged breach of bail. She denied that she had, bearing in
mind that since the imposition of these bail conditions, the length
of the 5 metres had been changed four times.
On Wednesday 8 July Lindis was
kept in Harrogate Magistrates' Court cells from 9.15 am until 2.30 pm
when the case finally came to court. The recording taken by Mike
Finlinson was shown to the court. In the video Vanessa Edwards was
heard to say that Lindis was in breach of her bail conditions and that she
had breached them again by returning back. The Magistrates ruled
that Lindis had been in breach of the 5 meter condition because of
what they heard on the video. They had no choice but to come to this
decision. No where on or off of the video was Lindis told
that an arrangement of 4 traffic cones was where the bail
conditions now applied.
The Magistrates however were
clearly troubled by what they had heard and decided that the whole question
of the confused bail conditions must be reassessed. Lindis
was released with the same 5 metre bail condition and there will be
another hearing next week.
COMMENT
We need as many people as possible
to come to the weekly demonstrations to support the right to protest.
There seems to be another deliberate attempt to stop these
demonstrations at USAF Menwith Hill.
It would be so supportive if as
many people as possible came - in coaches, mini-buses, cars, bikes or
walk! ....... ON TUESDAYS FROM 6PM - 8PM, MAIN ENTRANCE, USAF
MENWITH HILL
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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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