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CAAB Report 142

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Tuesday 23 November 2004

We briefly stood in front of cars coming out of NSA/USAF Menwith Hill during the regular Tuesday evening CAAB demonstration. As mentioned several times in previous reports, we are legally authorised to do in the case law of Hirst and Agu v Chief Constable of West Yorkshire Police.

As usual we held upside down US flags with various political words of protest written on them.  Lindis Percy was almost immediately arrested, for the alleged offence of 'obstruction of the highway' - two officers apparently designated to do this.

 

At the start of the demonstration, Lindis had informed PC Slater (traffic officer - whose only purpose it seems is to make sure that traffic comes out of the base unimpeded) that she was going to uphold the law of Hirst and Agu - a 'deminimus obstruction'. She was taken to Harrogate Police Station (HPS) by the Ministry of Defence Police Agency.

 

Lindis had a copy of the Hirst and Agu case with her. When she arrived at HPS she drew the attention of Sergeant Matthew Walker (Custody Officer) to what this case said - pointing out that she had committed no offence and that the case gave her lawful authority to obstruct the traffic ('deminimus obstruction'). He took a copy of the case.

 

About 20 minutes after Lindis's arrest, Laila Clapham who was also at the demonstration, was arrested for the same alleged offence and was also taken to HPS.

 

Laila and Lindis were held for nearly four hours while the arresting officers (MDPA) returned to Menwith Hill to write their statements. In an interesting development, instead of charging Lindis and Laila, the Custody Officer decided:

 

"to release DP [Detained Person - Lindis] on bail pending CPS decision. Although she has numerous cases pending [11 cases with more charges], several depend upon ruling which CPS are trying to challenge. I do not feel it is necessary to charge at this time because in any case the case would be adjourned to be linked to other matters."

[copied from Custody Record - please refer to CAAB Report 22 November 2004]. Lindis was bailed to return to HPS on 2 December 2004.

 

Laila was offered a 'caution' (if accepted you admit guilt - but no further action is taken) or bail to return to HPS. She declined to accept the 'caution' and is also bailed to return to HPS on 2 December 2004.

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
 
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