SENTENCE RULING
We returned to court for DJ Richard Holland to
sentence Lindis after he had found her guilty of section 68
'aggravated trespass' (Criminal Justice and Public Order 1994) on Friday
12 December 2003.
Suraj Minocha (CPS Solicitor who had not been
present in court or conducted the case) made an application for costs of
£2,000 and also for £1,078 which was the cost of flying Ms Van West (US
security personnel at USAF Croughton) over from Guam for the retrial of
Lindis.
Richard Holland seemed somewhat surprised at
the second application and commented that it was usual to apply for costs
in full and not make a separate application beyond this.
Raza Hussein (Defence Barrister) said that it
was beond belief that the CPS had had the 'temerity' to ask for costs
after the way this case had been managed. The conduct of this case
by the CPS was extremely serious (refer to reports on all four days:
www.caab.org.uk).
It was 'staggering' that costs had been
applied for Ms Van West's flight and he reminded the court that if the CPS
had conducted their case as per the standard procedures there would have
been no second trial. The DJ commented that he had 'some
sympathy' for the Defence.
The CPS had allowed the American authorities
to 'redact' the Manual which was handed to the DJ at both trials (we had
asked for 11 items to be disclosed long before the start of the first
trial) and this was 'unprecedented'.
He also said that there had been no adequate
explanation as to the crucial omissions in Sergeant Terry's statement.
There had been no apology to either the court or the defence by this
police officer or the CPS. There were a number of occasions when the
conduct of the CPS was 'well short of adequate'.
Lindis was also in breach of a conditional
discharge imposed by Scarborough Magistrates' Court in February 2003 (an
incident at Fylingdales - refer to CAAB website).
Summing up and giving his ruling Richard
Holland said that Lindis had committed a 'serious offence'. He went
on to say that Lindis had been remanded to Holloway for one week and that
he would not therefore consider a custodial sentence.
The DJ said that Lindis was 'always peaceful,
non-aggressive and principled'. There had been 'no hostile' act by
Lindis. She was was committed and that she had 'an abiding feeling
re the US authorites'. He said that community service was not an option
because of the 'seriousness of this offence'.
Richard Holland ordered costs against Lindis
of £100, £50 for breaching the conditional discharge and a fine of £200
for the offence (reminder: the CPS had applied for costs
of £3,078).
We will refrain from any further comment as to
the conduct of Peter Blair, Sarah Bennett and the CPS until this case
is finally resolved.
Once again thank you so much to all Ffriends
who supported Raza and Lindis in court today and for the previous four
days in court. It was enormously helpful and encouraging that
so many people came and so much appreciated.
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
