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CAAB Report 153

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Tuesday 1 February 2005

Four of us (Donna, Laila, Anni and Lindis) protested at NSA Menwith Hill for the weekly Tuesday protest which is specifically directed to those who work on this base.
Last week there were no arrests.  We protested peacefully in the manner we do (passing and repassing on the highway and a 'diminimus obstruction' - backed up by the lawful authority of the case of Hirst and Agu v Chief Constable West Yorkshire 1986).

However tonight, Lindis Percy was 'warned' and arrested by PC Bennett (Ministry of Defence Police Agency - MDPA) for allegedly obstructing the highway and taken to Harrogate Police Station with the arresting officer and PC Mitchell. The US upside-down flag with the words ‘Independence FROM America’ was seized by PC Bennett,  on the grounds that she may 'harm herself' or ‘hang herself with it’. The scarf round her neck, a mobile phone, car keys and a pair of glasses in her pocket were not ‘seized’.
On arrival, Jason Marchant (North Yorkshire Police Custody Sergeant) informed her that she would be 'detained and charged'. This was to be done apparently with no evidence and on the 'say so' alone of the arresting officer. No statements were written or submitted as evidence by the two MDPA officers.

Lindis was charged with the alleged offence of 'obstruction of the highway' and bail conditions were imposed.

The new bail conditions are:

Not to come within 7.5 metres of any part of the perimeter fence and boundary of RAF Menwith Hill, including the yellow line painted on the tarmac road surface of the main gate entrance way situated on Menwith Hill Road.

Reasons:

Defendant is already charged with 24 other similar offences. These bail conditions are necessary, lawful and proportionate to prevent the defendant from committing further offences and to allow her to protest lawfully.

Two maps and an aerial photograph of the main entrance area which had clearly been carefully prepared were produced. The bail conditions place Lindis in the highway (Menwith Hill Road) - and into the alleged offence for which she had just been charged.

There were no other arrests during the demonstration, the MDPA officer videoing went after Lindis had been arrested and the 'policing' of the demonstration was reduced.

It is interesting to note that a meeting was to have taken place on Thursday last week at Menwith Hill between the MDPA, NYP and the Crown Prosecution Service. Lindis and her solicitor requested to be present but this was refused. The aerial photograph of the area of the new bail conditions was dated the day of the meeting.

We intend to apply to the Court to vary these unlawful bail conditions.

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

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