At a hearing today, Lindis Percy (represented by Richard Reed - Solicitor) applied to Harrogate Magistrates' Court to vary the bail conditions imposed by Jason Marchant (Custody Officer - North Yorkshire police) after being arrested, detained and charged on Tuesday night.   The new bail conditions (see CAAB Report 153) increased the distance from the perimeter fence/boundary of NSA Menwith Hill from 5 metres to 7.5 metres. 

 

The hearing lasted three and a quarter hours.  The Magistrates refused the application and imposed the new distance.  Essentially, we were in court for this length of time to argue about an increase of 2.5 metres and the salient right to peacefully protest (as in the case of Hirst and Agu v Chief Constable West Yorkshire 1986).

 

Richard Reed outlined the history of this case which goes back to 18 May last year.   He drew the attention of the Magistrates to fact that three tribunals had ruled that the previous bail conditions were 'proportionate' and should remain.  The Ministry of Defence Police Agency (MDPA) with North Yorkshire Police (NYP) had frequently tried to impose extended bail conditions against Lindis - 'by the backdoor'.   He said that there was a legal route for an appeal if they were not happy with the court's decision.  There had been no appeal.

 

It was pointed out to the Magistrates that the place the police wanted Lindis now to stand was in fact a more dangerous place than before - being on the highway and the very area where she had been arrested on Tuesday night.  Lindis gave evidence before Robert Moore (CPS) called his witnesses - Steve Barlow - Chief Inspector MDPA and Derek Calvert - Inspector NYP.  Several carefully produced laminated and drafted maps, photographs and diagrams were submitted to the court and scrutinised at length. 

 

Richard Reed asked Steve Barlow to give his meaning to a 'deminimus obstruction' (the case of Hirst and Agu..).  Both Richard Reed and Robert Moore agreed with his definition and that Lindis had a legal right to 'obstruct' cars/pedestrians etc coming out of the base. However Steve Barlow did not agree having just outlined to the court what "deminimus obstruction" meant and that there was a legal right to do this.   Robert Moore remarked that the police 'did not want her there' (at Menwith Hill).  

 

Derek Calvert said there had been several meetings at Menwith Hill to discuss all this.  There had been a meeting on Thursday last week.  It was abundently clear that the maps, photographs and drafted diagrams had been prepared sometime before.  Robert Moore informed the Magistrates that there were now 20 cases in the courts (all the same issue) and that bail conditions were sometimes imposed to prevent further 'offending'.

 

The Magistrates adjourned for over an hour and returned to impose bail conditions of 7.5 metres round the perimeter fence of Menwith Hill.  They granted Lindis an exception so that she can attend the Quaker Meeting for Worship (this Saturday and the first Saturday of the month 2-3 pm - alternating with Fylingdales - 12-1 pm).

 

We intend to appeal this decision to a higher court.

 

COMMENT

 

The Magistrates seemed to ignore the fact that Lindis has a legimate right to obstruct the highway ("deminimus obstruction").  It was questionable as to whether they were concerned that Lindis has been put in a more dangerous situation with the new bail conditions.

 

CAAB will continue to protest peacefully (as always) - deriving the legitimate right to protest from the case of Hirst and Agu v Chief Constable of West Yorkshire.

 

"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