Pickering Magistrates'
Court
22 September 2003
In a surprising decision by
Magistrates today Lindis Percy (Joint Co-ordinator of the CAMPAIGN FOR THE
ACCOUNTABILITY OF AMERICAN BASES (CAAB) was found 'guilty' of an
alleged offence of 'aggravated trespass' s.68 (Criminal Justice and Public
Order Act 1994).
This case arose out of an
incident on 25 April this year at 'RAF' Fylingdales when Lindis walked
on the moor to deliberately test the invalid military land byelaws.
When she was eventually stopped by two Ministry of Defence Police
Agency officers (she had been on the base for an hour and a half) she
immediately said that she was in breach of the byelaws. She was
told by PC Daryl Jones that the MDPA had been issued with new
'guidelines'. The MDPA were not using the byelaws but instead were
instructed to use s.68 'aggravated trespass' (regardless of
whether an offence under this law was being committed or not).
Lindis was arrested and taken
to Scarborough Police Station. PC Jones relayed the reason for
arrest to the Cusody Sergeant adding "I think you have the new guidelines
- I think you've been informed'". PC Jones said that the
guidelines were with the approval of the Association of the Chief Police
Officers (ACCPO).
After the 'guilty' verdict,
Lindis quietly began to leave the court but was ordered by the
Magistrates to stay. An MDPA officer blocked the court door. Lindis
was warned that she was 'in contempt of court'. She was eventually
allowed to leave the court and go outside with the same MDPA officer
preventing her from leaving the building.
The Magistrates sentenced
Lindis to a 'conditional discharge' and declined the application of
the CPS's costs. This was despite Lindis already being in breach
of a 'conditional discharge'.
We consider that the
Magistrates erred in their judgement today. Lindis has been engaged
in a long struggle over 16 years to bring the issue of invalid byelaws to
court - some information can be found on CAAB website: www.caab.org.uk
The invalid byelaws are at
USAF Lakenheath, USAF Molesworth, USA Mildenhall, NSA Menwith Hill and 'RAF
Fylingdales'. The MDPA have continually abused and manipulated this
law together with the Crown Prosecution Service. A pending case to
reveal this is being discussed with Counsel.
It is of deep public
concern that the MDPA are once again using s.68 'aggravated
trespass' as a 'catch all remedy' instead of allowing the validity of the
military land byelaws at 'RAF' Fylingdales' (and other bases) to be tested
in the courts. Four MDPA officers giving evidence today said
that ANY trespass would be treated as 'aggravated'.
COURT DATE:
Lindis Percy is in Northampton
Magistrates' Court this Friday (26 September) for legal arguments to be
heard in a case arising out of a peaceful protest at USAF Croughton on 28
March this year. She was charged with s.68 'aggravated trespass' (CJPOA
1994). A list of documents has been requested by the Defence
including information questioning the activities of USAF Croughton and
documents pertaining to the legality of the invasion of Iraq.
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
"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
