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CAAB Report 212

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Monday 1 October 2007

Over many years Military Land byelaws have been in contention at Fylingdales and other US bases.  Lindis has been involved with challenging MLBs since about 1987 and was involved in a High Court case when HM Forest Moor and Menwith Hill byelaws were declared invalid in 1993.

Lindis was issued a section 69 'warning' notice (Criminal Justice and Public Order Act 1994) not to enter Fylingdales for three months in July.  She went back on 1 October 2007 and was issued with another s.69 notice by PC Philipson (Ministry of Defence Police Agency) even though the first notice was still active.  She was forcibly 'evicted' from the base by three MDPA officers - even though she had just been issued with a 'warning' notice and driven back to her car.  She immediately walked back on to the base and was arrested for breach of s.69 notice.  She was quickly charged at Scarborough Police Station and bail conditions were imposed:  Not to enter any MOD property. At the trial the issue of the legal boundary to Fylingdales will be central to this case.

Lindis applied to Scarborough Magistrates' Court on 8 October 2007 for a variation of the bail conditions.  Scarborough Magistrates refused the application and imposed the same conditions.  We will be making a further application.

The MDPA have used s.69 'warning' notice instead of the RAF Fylingdales byelaws many times against Lindis.  This Act has been used  as a form of bail conditions. 

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