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CAAB Report 214

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Ordered by the High Court

On 7 February 2008 in Court number 1 of the High Court, London, Lord Justice Moses and Mr Justice Sullivan opened the Judicial Review hearing(brought by Lindis Percy) by saying "We think you've won Ms Percy". The hearing was to review the decision by Corby Magistrates who refused to issue summonses which she had submitted against Airman First Class Frank Macdonald(USAF), Barry Athawes and Kenneth Woodhourse (Ministry of Defence Police Agency) on 25 February last year - (see CAAB report no 188 and 199 for details of incident and subsequent trial).

Lord Justice Moses and Mr Justice Sullivan were highly critical of Corby Magistrates who have never acknowledged any letter or communication from the High Court (or Lindis Percy) and were not present of represented in Court. Commenting on the conduct of the Magistrates, Lord Justice Moses said "I don't know what they were playing at". Mr Justice Sullivan said "their conduct is open to serious criticism".

The Judicial Review was granted and the decision by Corby Magistrates not to issue summons was quashed. Expenses for the case and hearing were ordered against Corby Magistrates to Lindis Percy. The original three laying of informations and the Order of the Court have now been sent to the Legal Advisor to Corby Magistrates. Thank you so much to Robbie Manson (INLAP), David Polden and everyone who sent messages of support.

 



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