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CAAB
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CAAB
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CAAB Report 187 |
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Leeds Crown Court
Friday 3 February 2006
The appeal by Anni Rainbow (Joint co-ordinator
with Lindis Percy of CAAB) against her conviction and sentence
(s.69 'aggravated trespass' - Criminal Justice and Public Order Act
1994) started today, having been adjourned on 11 November 2005.
This was due to lack of video viewing equipment in the court.
The case was before James Stewart (Judge)
and two Magistrates. The day was mostly taken up with points
of law as to whether Anni had been on 'the land' or 'the
Public Highway'. She had been arrested by David Harding
(Ministry of Defence Police Agency officer) at the regular Tuesday
evening CAAB demonstration at NSA Menwith Hill on 30 November 2004.
Heather Hummage (Barrister) opened the
Prosecution case. Richard Reed (Solicitor - with
Right of Advocacy in the Crown Court) maintained that the area leading
up to the main gates was part of the highway. He had been asked by
James Stewart what points the Defence would be relying on. He was
clearly troubled by the point that Richard Reed had raised. James
Stewart had wondered if this question should be decided as a
preliminary point of law. However he decided to go ahead and
hear the case.
The first witness for the prosecution (David
Harding - arresting officer) gave evidence and the CCTV video of
the incident was shown.
When the court returned in the afternoon
James Stewart said that he had spent his lunch hour
researching the point raised by Richard Reed and had decided that it was
up to the Prosecution to persuade him that the land on the MOD side of
the 'yellow line' up to the Main Gates was not a highway and so far
Heather Hummage had not.
James Stewart said that if the area up
to the Main gates was not a highway then the appeal should
continue and if it was not, then the appeal should be granted. He was
critical of the time this case had taken to come to court.
After a very short adjournment James
Stewart ruled that it would be in the public interest for the case to
continue.
The Prosecution were ordered to prepare and
submit a skeleton argument within 14 days which must be presented with
legal Authorities in a ring binder and with an index. The
Defence would then have 7 days to respond with their skeleton argument
presented in the same manner. James Stwewart ordered the
Prosecution to pay the costs for this hearing and also ruled
that the case should be heard by the same Judge and two Magistrates. The
case was adjourned until whenever time could be found
that suited both him, the two Magistrates and the court list.
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
Website: http://www.caab.org.uk
"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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