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CAAB Report 139

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Tuesday 26 October 2004

We have said this many times before, but we have and are having a huge struggle to maintain the lawful authority of the case of Hirst and Agu v the Chief Constable of West Yorkshire Police (1986) which gives us the right to protest (known as a 'de-minimus' obstruction).

Despite quoting this authority and having been successful twice in the courts concerning 'obstruction of the highway', it seems that few Ministry of Defence Police Agency (MDPA) officers trouble to make sure that they are 'au fait' with this legal authority. On arrival at Menwith Hill tonight, Lindis Percy provided Sergeant Thomas (MDPA) with a copy of the case.

It was very obvious from the start, that PC McMullen (MDPA) - acting as a 'traffic' officer - was following instructions and intent on making sure that traffic came out of the base without  hinderance. He was certainly not upholding or enabling the right to protest as in the case of 'Hirst and Agu'.

However, one of the duties of a police officer is to uphold the law,  which includes the right to protest. Even if this means that traffic is held up for a short time ('de-minimus obstruction') by someone standing in front of a car, holding and displaying an upside down US flag with the words 'PLEASE VOTE HIM OUT' for the driver to read, the officer must uphold the law. 

Occasionally there is a 'traffic' officer who carefully upholds the law ('Hirst and Agu') and enables protest to happen. However, in our experience, they are soon switched to other duties during the demonstration and replaced by an officer who makes sure that no protest is allowed (as in 'Hirst and Agu'). They will direct all traffic swiftly out of the base without applying the law or enabling protest.

Within a very short time of arriving at NSA/USAF Menwith Hill tonight, for the regular Tuesday night demonstration, Lindis Percy was arrested by PC Watson (MDPA) for allegedly 'wilfully obstructing PC McMullen  in the execution of his duty' (acting as 'traffic' officer).   There were two demonstrators with over 10 MDPA officers present.  Two other people joined the demonstration later.

Lindis was taken to Harrogate Police Station and soon charged with this alleged offence. Another charge was added - 'wilful obstruction of the highway'. She denies both charges.

New bail conditions were imposed by Sergeant Matthew Walker (North Yorkshire Police Custody officer) ‘not to go within 5 metres of any part of the perimeter fence of RAF Menwith Hill. In addition to this you are not to go within 15 metres of the main gate to RAF Menwith Hill.'  This was despite Lindis bringing to the attention of the Custody officer, that Harrogate Magistrates had recently removed the 15 metres imposed, as being uncertain (bail conditions must be certain) and that she would not be able to protest with a restriction of 15 metres at the Main entrance.

Yesterday, (Monday, 25 October 2004) was very different concerning the application of the law at USAF Mildenhall, USAF Lakenheath and the Deep Space Tracking Center and Near Space Facility at Feltwell. Lindis was there for most of the day at many of the entrances to each of the bases, with the same US flag (PLEASE VOTE HIM OUT).

Having given a copy of ‘Hirst and Agu’ to Acting Sergeant Paul Glover (MDPA), Lindis asked him to read it which he eventually did and the law was applied.  Lindis stood, for a short time, in front of many cars coming out of the bases. She held the flag and then moved to one side (the lawful authority of ‘Hirst and Agu’) for the cars to go on their way.

One Ministry of Defence Police Agency officer in particular, was very professional, courteous and he beautifully enabled the right to protest (as in 'Hirst and Agu') to happen.  This of course is how it should be.

We are at the Main entrance to Menwith Hill every Tuesday evening (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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