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CAAB Report 124

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Tuesday 15 June 2004

This is an account of the fifth week running that Lindis Percy has been detained at the weekly CAAB demonstration.  It is again over the issue of the 'yellow line' and is a disturbing account.

Lindis Percy was taken in a van by two Ministry of Defence Police Agency (MDPA) officers to Harrogate Police Station and detained for over three hours. She was taken in after a very short time of arriving at USAF Menwith Hill.

PC Bob Ord did not arrest or caution Lindis but grabbed her by the arm and forced her to go to a waiting police van. Lindis was quite sure that she had not been arrested and said so.  PC Ord said he had.

At Harrogate Police Station Lindis again said to PC Ord that he had not arrested or cautioned her. She said that she hoped and expected he would tell the truth to the Custody officer (Sergeant Downham). She would be listening with interest to the account he gave re the ‘arrest’.

PC Ord said that Lindis had stepped over the yellow line and when told to get back she had not. He then 'effected an arrest'. He said that Lindis had said that she had not been arrested so he had arrested her. At this stage Lindis asked him what he had said – PC Ord did not say and the Custody Office accepted his account. PC Ord did go on to say that ‘she was right’ that he had not cautioned her. (This alone would normally mean that the 'arrest' was unlawful).

 

Lindis found this duplicitous account extremely difficult to hear and decided to move away into a cell so as not to be in the presence of this officer. The Custody Officer said that Lindis was to be detained.

In the meantime, Anni was still at the demonstration with another person and frequently asked the MDPA to phone Harrogate Police Station to find out what was happening to Lindis. She was told that Lindis was being 'unco-operative and therefore she had been put to the bottom of the queue'.

Lindis was charged with s.69 'aggravated trespass' (Criminal Justice and Public Order Act 1994) and bail conditions imposed:

'Not to enter MOD land at Menwith Hill and not to go within 15 metres of the boundary fence'

She was meant to answer to bail the next day but this was cancelled (even though three previous arrests hinged on the alleged offence she had just been charged with). Lindis now has to answer to bail on two separate dates in July concerning an alleged breach of s.69 during previous Tuesday evening demonstrations.

Lindis will make an application to Harrogate Magistrates' Court on Friday 18 June 2004 to vary the bail conditions. These bail conditions mean that she is unable to demonstrate at Menwith Hill or attend Quaker Meeting for Worship (this breaches the Human Rights Act 1998).

COMMENT

CAAB firmly believes that the issue of the ‘yellow line’ is the first line of legal abuse at USAF Menwith Hill. We believe that the ‘yellow line’ is not based in law. It is for this reason that we continue to pursue this issue (among others).

PLEASE JOIN US AT THE WEEKLY TUESDAY EVENING DEMONSTRATION AT THE MAIN ENTRANCE TO USAF MENWITH HILL – (6 – 8 pm).

 

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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