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CAAB Report 122

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Tuesday 1 June 2004
 
Within minutes of arriving at the weekly CAAB demonstration at USAF Menwith Hill (see below), Anni Rainbow was told she would be given a warning under s.69 ('Aggravated Trespass' - Criminal Justice and Public Order Act 1994) if she continued to drive her wheelchair over the 'yellow line'. This warning (if the person is warned correctly by a senior officer at the scene)  imposes a three months ban on entering the base.   No warning was given.
 
On arrival  Lindis Percy was immediately arrested by the Ministry of Defence Police Agency (MDPA)  for an alleged breach of a disputed s.69 'warning' from two weeks earlier. Lindis had been quietly crossing the entrance just inside the 'yellow line'.
 
Lindis was taken to Harrogate police station in an MDPA van which was already in place before the demonstration began. She was informed that she would be  charged and bail conditions imposed however Lindis  managed to pursuade the Custody Officer  to bail her to return at a later date.   Enquiries were still being made regarding the extent of the 'yellow line' and the decision of  a District Judge in a case brought by CAAB when  challenging the legality of the 'yellow line' in court. 
 
The District Judge had previously ruled that there was an 18 inch margin of error either side of the 'yellow line'.  (CAAB has always disputed and will continue to dispute the legality of this line - it is an American practice to paint  a line on the ground). Lindis was released and bailed to return to Harrogate police station on Thursday (3 June) for both s.69 arrests.
 
Anni continued to pass and re-pass just inside the 'yellow line' for about an hour until she was warned she would be forcibly removed if she did not get back over it herself. She was lifted across in her wheelchair by the MDPA officers and warned there would be 'repercussions'  if she returned. The 'repercussions'  were that she was arrested under the Menwith Hill Byelaws (s.4(2)b), taken to Harrogate police station by taxi where she was eventually charged,  bail conditions imposed 'not to enter MOD property at Menwith Hill' and released. She has a 'plea' date at Harrogate Magistrates' Court on Thursday 10 June.
 
COMMENTS
 
If the Crown Prosecution decides to proceed with these cases it will mean a chance for CAAB to challenge the validity of both the 'yellow line' and the second set of Menwith Hill Byelaws. 
 
Once again it was clear that the instructions to arrest came from 'higher up'.  There seems to be a deliberate attempt by the US/UK Authorities to interfere with and break-up the regular Tuesday evening CAAB demonstration.
 
NOTE
 
On 2 June 2004 Lindis was informed by Sergeant Day (Custody Officer at Harrogate police station) that her bail had been extended to 16 June 2004, while the CPS made enquiries as to the ruling of the District Judge re the 'yellow line' and to view the video recordings of the two incidents. After doing this the CPS will decide whether to charge Lindis or take no further action.
 
This is the second week running that Anni has been arrested at the CAAB demonstration and for Lindis it is the third week running.
 
The struggle we have have had during the four and a half years of demonstrating of Tuesday evenings concerning the law and the abuses metered out as result of the presence of the US Visiting Forces is the first line of issues that CAAB is engaged in.
 
It would be so good if as  many people as possible join us at the weekly CAAB demonstration (6-8 pm) at the main entrance to USAF Menwith Hill.
 
NB: Menwith Hill became a USAF base at the end of May.  This  is a significant change.  The new US base Commander is Colonel Charles Gill (US Army).

 

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

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