CAAB

9 February 2007

Appeal by Anni Rainbow

York Crown Court

The background to this appeal is that Anni Rainbow was found guilty by Roy Anderson (District Judge) at Harrogate Magistrates Court, of breaching section 69 - 'aggravated trespass' (Criminal Justice and Public Order Act 1994) on 30 November 2004 at the weekly Tuesday evening demonstration at Menwith Hill. This case should never have come to court. Throughout the proceedings Anni has been represented by Richard Reed - Solicitor.

Anni went on to appeal the conviction and sentence. The first hearing was on 3 February 2006 (refer to CAAB Report 187). The case has been adjourned since then because Anni was not well in March 2006. Her eldest son Matthew was killed in Iraq in August last year and she then had a stroke. She has been in hospital ever since.

There was a hearing in November last year when Judge Stewart (hearing the case) was told what had happened to Anni. He was clearly upset and suggested to the Crown Prosecutor that they should consider withdrawing from the appeal.

Today's hearing was a 'mention' to the Judge as to what the Prosecutor had decided. The Prosecuting Barrister said that medical reports confirmed that Anni was not well enough to attend court or continue with the case. He had therefore taken the very unusual step on 'compassionate grounds' and would not to contest the appeal. He said however that this decision did not set a preceedent.

Judge Stewart responded by saying that he fully endorsed this decision and it was 'absolutely right'. This was an extraordinary case. He wished to convey to Anni the courts' sympathy - not only about her ill health but also her personal tragedy. He asked that his comments be passed on to Anni. He ended by saying that 'the appeal is allowed'.

Thank you to Richard Reed - Solicitor with Right of Advocacy in Crown Court hearings (Grahame Stowe Bateson).

NOTE: The case against Anni should not have been brought by the Crown Prosecution Service (acting on behalf of the Ministry of Defence Police Agency). One of the issues in Anni's appeal was the contentious and long running question of the 'yellow line' which is painted on the ground at the main entrance to Menwith Hill. Anni was arrested in the area of the 'yellow line. The Ministry of Defence Police Agency maintain that this line denotes the boundary. We say that the line is not based in law. The issue of the 'yellow line' was not argued in court and is therefore still not resolved.