Lindis Percy was on trial before District Judge Manning on Monday, Tuesday and Thursday of this week (two alleged offences of 'wilful obstruction of highway' said to have taken place at the regular CAAB Tuesday evening demonstration at NSA Menwith Hill on 10 and 31 January this year).

 

The case centred around a)  was Lindis on the highway

                                     b)  was there an actual 'obstruction' (of cars coming out of the base)

                                     c)  whether the alleged 'obstruction' was wilful

 

Lindis had fully intended to represent herself and did so until July.  There were several Case Management hearings.  However she needed legal help when the Crown Prosecutor Simon Ostler was obstructive in disclosing documents.  At the hearing Lindis was represented by Tom Gent Barrister and prosecuted by Allan Armbrister.   Selected documents were eventually disclosed on the day of the trial after further requests at the hearing.

 

Our defence was that Lindis was not on the highway.  She was over the 'yellow line' (see CAAB report page on website re this issue) and therefore not on the highway.   There was no obstruction and if there was it was not 'wilful' and in any case would come  under the rubic of a 'deminimus' obstruction (Hirst and Agu v Chief Constable of West Yorkshire 85 Cr App Rep 143, 151 JP 304, [1987] Crim LR 330 Divisional Court).  Lindis was in the witness box for nearly two and a half hours.

 

Over the three days in court, we watched four videos in minute detail of the two evenings in question.  There were 8 MDPA witnesses.  The arresting officer Paul Skinner did not arrive to give evidence on the first day.  Ministry of Defence Police Agency (MDPA) officers went to his house but he refused to attend court to give evidence.   Paul Skinner had suddenly resigned from the MDPA.  Allan Armbrister (Crown Prosecutor) then changed his case.

 

Temporary Sergeant Brian McConnell agreed that the 'yellow line' was in dispute.  Peter Burrows (MDPA officer) who arrested Lindis on the second incident gave evidence which seriously contradicted the evidence he gave in his statement and which was clearly seen on the video recording of the incident.

 

In his Judgment  District Judge Manning ruled that Lindis was guilty of the two offences.  There was no mention of the fact that the arresting officer had refused to attend court or that the evidence given by Peter Burrows (MDPA) was clearly discredited.  Allan Armbrister (CP) asked for over £1,000 costs.  At this point Lindis left the court.  She was told later that she had been fined £25 for each offence and ordered to pay £150 in costs.  No action was taken for a breach of two conditional discharges.

 

We will be considering an appeal.

 

Lindis Percy and Anni Rainbow

Joint Co-ordinators

CAMPAIGN FOR THE ACCOUNTABILITY OF AMERICAN BASES (CAAB)
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