This was the second day of the listed
trial of three days concerning the appeal by Lindis Percy against
convictions and sentences at Harrogate Magistrates' Court in May this
year.
At the end of the hearing yesterday, PC
Bridge had been asked by the Judge to identify the alleged incident
where he had said Lindis had been in contact with the wing mirror
of a car coming out of NSA Menwith Hill during the regular Tuesday
night demonstration (refer to CAAB report DAY 1). This he
did at the start of the hearing. The 'incident' on the video
that he identified was not convincing. The officer had not
recorded anything in his police pocket book or in his statement.
The court then heard evidence from
Ministry of Defence Police Agency officers involved with the
fifth and final incident on 14 December 2004. A 'hand-held'
video was also played. We adjourned at lunch time.
After lunch Richard Wright (Defence
Barrister) made an application for 'no case to answer'. His
submissions were based on the facts of the case and the law.
However Judge Scott Wolstenholme and the two Magistrates sitting with
him ruled that there was a case to answer.
Lindis was then in the witness box to give
evidence. She gave evidence for about 40 minutes. She
told the court that the CAAB demonstration had been at Menwith Hill
every Tuesday evening since 2000 and that it was peaceful. In
the beginning no police came and the demonstration happened without
any conflict. North Yorkshire police were then brought in.
There was no trouble.
It was not until the Ministry of Defence
Police Agency took over the policing that the struggle for the right
to protest began. Last year Lindis was arrested again and again
while exercing her Human Right to protest. She safely stood in
front of cars exiting the base, holding the upside down US flag and
then stepped aside so that the cars could go on their way. Her
legal authority to do this she maintained was to be found in the case
of Hirst and Agu v Chief Constable of West Yorkshire.
Lindis also told the court that she and
her Solicitor had tried hard to get a meeting with David Long
(Superintendent MDPA). After waiting for a response and then a decision
their request had been declined.
After Lindis's evidence Heather Hummage
(Prosecuting Barrister) said that she needed to seek instructions from
the Ministry of Defence Police Agency. The hearing was adjourned
until tomorrow morning at 10.30 am when Lindis will be cross examined.
Again thank you so much to everyone who
came to support Lindis in court.
