CAAB

Reports
Campaign for the 
Accountability of 
American 
Bases

CAAB Home Page

CAAB Report 144

Reports menu 

 

Tuesday 7 December 2004
 
Within a very short time of arriving at the weekly Tuesday evening demonstration with Anni Rainbow and Laila Clapham,  Lindis Percy was warned by Sean Maddocks (1706 Ministry of Defence Police Agency) that if she continued to 'obstruct the officer ('traffic officer') in the execution of his duty' she would be 'reported with a view to prosecution'. 
 
At the start of the demonstration, Lindis had immediately and specifically asked the 'traffic officer' to uphold  the right to protest and enable this to happen - as is his duty.  Anni  informed the MDPA officers that she was also protesting within the remit of Hirst and Agu.  (The legal authority is the case of Hirst and Agu v Chief Constable West Yorkshire Police - QBD 1986).
 
It was abundantly clear once again that neither this officer nor any other MDPA officers present were going to enable the right to peaceful protest (Hirst and Agu).  The MDPA officers  'policing' the demonstration had clearly been instructed yet again to make sure that traffic left the base - swiftly and unimpeded.   We have reported on this many times in the past.  A 'prisoner' police van was waiting and parked close by with the back doors and driver's door already open.
 
Lindis was standing  quietly and safely, holding the upside down US flag with the words 'Independence from America' written on it.   She stood for a short time ('deminimus obstruction') in front of cars which were slowly coming out of the base and then she stood to one side.   Frequently she was roughly pushed aside by Sean Maddocks and another MDPA officer  (Tindale - 3688) even though she was standing to the side and traffic could easily pass and leave the base.   Anni and Laila were slowly going backwards and forwards across the entrance to the base as vehicles came out causing 'deminimus obstructions'.
 
Lindis continued to protest peacefully.  Soon after she  was 'reported with a view to prosecution' by Sean Maddocks (MDPA) and immediately after that was arrested by him for alleged 'obstruction of a police officer in the execution of his duty'.  She was also arrested for allegedly 'resisting arrest' having dropped to the ground after undue violence was used by the arresting MDPA officers.  She absolutely denies both alleged offences. 
 
The MDPA chose not to warn, 'report' or arrest Anni or Laila even though they too were momentarily impeding traffic coming out of the base.
 
Lindis was taken to Harrogate Police Station and later charged with both alleged offences.  She was told by Robert Chambers (North Yorkshire Police Custody Sergeant) that new bail conditions were to be imposed. 
 
The new bail conditions meant that if Lindis attended the demonstration she would immediately be in breach of them.  They were much harsher than the previous conditions.
 
As a matter of principle, Lindis could not and would not accept these new conditions.  She was detained overnight at Harrogate Police Station to appear in the Magistrates' Court in the morning.  She was represented by Richard Reed (Solicitor - Grahame Stowe Bateson).  Forty minutes later the Magistrates returned to court after deciding that the bail conditions were 'disproportionate for the offence'.  They reimposed the existing bail conditions:
 
You are not to go within 5 metres of any part of the perimeter fence of RAF Menwith Hill.  In addition to this you are not to go within 15 metres of the main gate of RAF Menwith Hill.
 
Richard Reed told the Magistrates that Menwith Hill does not like demonstrators;   that  CAAB was always very mindful about the safety of all present and had gone to great lengths to ensure that this was achieved;  that the MDPA were trying to impose bail conditions 'through the backdoor' by continually arresting Lindis and imposing more draconian bail conditions;  but  nonetheless the MDPA had to uphold the law (Hirst and Agu) and peaceful protest - however inconvenient this may be.  Richard Reed  drew the attention of the Magistrates to the fact that their colleagues had declined  to impose new bail conditions on Lindis in a previous case;  that Inspector Penfold (sitting at the back of the court) could have appealed their decision to a higher court and that he had not.
 
Meanwhile, four other people had arrived to join the demonstration. The level of violence by the MDPA continued to be disproportionate to the peaceful protest.  There were no other arrests although one of the demonstrators was given an 'official warning' not to obstruct the 'traffic' officer'. 
 
We will continue to uphold the right to peacefully protest.
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

CAAB Home Page

Reports menu