5 May 2003

Lindis Percy (Joint Co-ordinator, with Anni Rainbow, of CAAB) appeared in Scarborough Magistrates' Court this morning after she spent the weekend in custody at Scarborough Police Station.  She was arrested on Saturday afternoon by PC Frost-Schank and Acting Sgt Young  (Ministry of Defence Police Agency) for allegedly being in breach of bail conditions while doing some research at Fylingdales.  She adamantly denied being in breach of these conditions: '...not to go within 50 yards of MOD land ...'.

At Scarborough Magistrates' Court today John Hargreaves (for the Crown Prosecution Service) told the Magistrates that he 'did not intend to proceed with the breach of bail conditions' and therefore withdrew the allegation.  He went on to say that Lindis was arrested on land that the MOD had recently purchased from the Forestry Commission.  There were wooden marker posts with orange fluorescent paint on top but there were no signs up to say that it was MOD property. Also there was no indication of the new boundary of MOD land. It was therefore 'not in the public interest to proceed with this case' and he was therefore asking the Magistrates to dismiss the allegation.

Lindis was released with the same '50 yard' bail conditions plus the addition of the land that has now apparently been recently purchased by the MOD.  The Magistrates made no comment as to the fact that Lindis had once again been spuriously arrested by the MDPA and that she had again had her liberty taken away and had spent the weekend in a police cell.

The original bail conditions were reimposed by the court on Friday after Lindis made a successful application to vary them so that she could attend the regular Quaker Meeting for Worship at Fylingdales on Saturday - Pc Grange (MDPA) was sitting in the court at the time but said nothing about the recent purchase of the extra land.

Despite pointing out to the Magistrates that the land was not marked, that the arresting officer clearly did not know what her bail conditions were when he arrested her and that he had confused the distance set by the bail conditions (he said it was 50 metres instead of 50 yards), she left the court unclear as to what precisely the new bail conditions were.

This is just one of many spurious arrests that Lindis has been subjected to over the years.  She will now seek legal advice as to proceeding to a civil action against the Ministry of Defence Police Agency and some of the officers of this Agency.

CAAB has gathered a lot of information about this unaccountable and in many instances incompetent and ignorant 'police' force and are deeply concerned that this abuse continues.  The calibre, arrogance and  knowledge-base of the law by certain MDPA officers falls way below the professional standards expected of a public body. This is an issue that CAAB has been addressing for many years.  This concern is very much in the 'public interest' and we intend to continue to bring the MDPA to account for the way the law is continually abused and manipulated.

On US bases the MDPA are paid for and under the operational control of the American authorities.

Earlier this year Geoff Hoon (Secretary of State for Defence) announced that permission had been granted to the US Governmentt for the use of RAF Fylingdales in the American Missile Defense (AMD) system.

The American Space Based Infra Red System (SBIRS) which will be crucial to AMD, is already constructed at NSA Menwith Hill. It was therefore not necessary for formal permission to be granted for the use of this base.  

10- 13 March 2003

Harrogate Magistrates' Court - Anni Rainbow and Lindis Percy have been on trial for four days for 'aggravated trespass' (s.69 Criminal Justice and Public Order Act 1994) after being arrested and charged at the weekly CAAB Tuesday evening demonstration at Menwith Hill in February last year.  In April Lindis was again arrested and charged for the same offence.

The case was heard before District Judge Prowse from Teeside and was referred to as a 'test case'.  This was because two important matters of law were being challenged:

• The lawful attestation of several officers of the Ministry of Defence Police Agency
• The 'yellow line' which suddenly appeared on the ground at the Main entrance to Menwith Hill in June 2001.

Judge Prowse ruled against both issues and also found Anni and Lindis 'guilty' of committing 'aggravated trespass' (both charges brought against Lindis).  In his lengthy ruling he said that Anni and Lindis were 'barely criminal' and strongly criticised the Ministry of Defence Police Agency for bringing these cases.  He likened their actions to 'using a sledgehammer to crack a nut'.

As soon as Judge Prowse had given his verdict Lindis said 'excuse me' and quietly left the court.  Anni left a few minutes later as soon as 'money matters' were mentioned.  The court was adjourned but Anni and Lindis declined to take part in any further proceedings and were therefore not present when the sentence was given.

Judge Prowse gave Anni and Lindis (both charges) an 'absolute discharge' and awarded no costs against them although the Crown Prosecution Service asked for £1200.  It was clear that the sentence reflected the comments made by Judge Prowse in his ruling when he indicated that these charges should never have been brought.  Anni and Lindis were convicted on a technicality and a strict interpretation of the law concerning 'aggravated trespass'.

We will be appealing the decision of Judge Prowse concerning the 'attestation' point' by way of a 'case stated' to the High Court London.

The weekly CAAB protest continues and we will again be outside the Main entrance to the American base at Menwith Hill every Tuesday evening (7-9 pm). The Main Entrance re-opened in time for the CAAB protest on Tuesday 11 March but we noticed that it was closed and coned off on Wednesday 12 and Thursday 13. If it is still closed on Tuesday 18 March the CAAB protest will be at Nessfield Gate on the B6451 Pateley Bridge road.

PLEASE NOTE:

CAAB will be present at the Main entrance to NSA Menwith Hill at 6 pm when the US/UK led war against Iraq is officially declared.

11 February 2003

Lindis was on trial for an alleged offence under the Criminal Justice and Public Order Act 1994 section 69 ('aggravated trespass') at Fylingdales earlier in the year.  Sergeant Carr (Ministry of Defence police) was reluctant to answer any questions by Lindis concerning the Military Land byelaws at Fylingdales and when she made an application to the Magistrates to continue the Magistrates would not allow any further questioning re the byelaws.  During the application the Chairman of the Bench made a derogatory remark.  After lunch the Clerk of the Court raised the question of the 'independence' of the Bench.  As a result the Magistrates withdrew and a retrial was ordered.  The trial will now be on 19 February 2002 at Pickering Magistrates' Court.

The byelaws have been in dispute for years at many US bases in the UK (see item under byelaws and also court news re Barry Frost appeal) - the MDP have consistently abused their powers and this law.  For the first time 'aggravated trespass' has been used at Fylingdales.  We are in discussion with lawyers re the abuse of the byelaws and the role played by the MDP and the CPS in this issue.

ALSO.....

Lindis has been informed that a case of 'criminal damage' to a byelaws sign at Menwith Hill is to be discontinued.  Lindis had openly and honestly taken down a byelaws sign on the fence outside MHS before Christmas in front of a MDP Sergeant who took no action.

When the sign was removed the Sergeant said nothing but immediately went back into the police post at MHS.  Lindis put the sign in a van saying to the MDP that she had no intention to permanently deprive the owner of his property and that the sign would be returned when the MDP upheld the law.  She was arrested by an MDP officer for 'theft' of the byelaws sign.  However when questioned later on tape another MDP officer said that she had not stolen the sign but that she was to be questioned for alleged criminal damage (said to be £30) to the sign.  Lindis was later charged with criminal damage to a byelaws sign.  She was to have appeared in court on 7 January .

There was a meeting with CPS and the Ministry of Defence police on 31 October 2001 in which a decision was made to discontinue a case against Lindis Percy for the alleged 'theft' of two US flags (see below for details of events).

PROGRESS OF CASE

Lindis had deliberately breached the draconian bail conditions (after much careful thought and discussion) so as to force the matter to court to apply for a variation of bail conditions.  She had expected to be immediately arrested at Menwith Hill on Sunday night and was only arrested after she informed the MDP that she was in fact in breach of the bail conditions.  She spent the night in Harrogate police station before appearing at Harrogate Magistrates' Court the next morning.  The Magistrates took no issue re the breach and reimposed the same conditions with a variation for Lindis to attend Quaker meetings for worship at Menwith Hill and Fylingdales (Saturday 3 November - approach road to base - meet 11.30 am for meeting 12-1).  Lindis had protested  for about half an hour (with the US flag with NOT IN MY NAME on) before being arrested.  

CHRONOLOGY OF CASE

Lindis was suddenly arrested the day before the demonstration at Menwith (Friday 12 October - midday) at home by a Ministry of Defence police officer (DS Wright - from RAF Bicester) who came with a Sergeant and PC from Humberside police for supposedly a failure to answer to bail the previous Monday.  Lindis had faxed a letter to the court the night before and which the court had received.  It was curious that they should have chosen the day before the demonstration at Menwith Hill.

Lindis had been spuriously charged with alleged theft of two US flags (she absolutely denied this) after protesting at USAF Mildenhall re the bombing of Afghanistan.  She had gone (one incident from last year) to two US bases - in broad daylight - lowered  the US flag in protest against the American Missile Defense System - folded the flag neatly up and put it in her car in front of two US personnel.  The MDP were called - they did not arrest Lindis as she had written a note to the Americans to say that she did not intend to permanently deprive the owner of his flag.  Lindis would return the flag to the US Ambassador (the 'keeper of the US flag') and drove quietly away in front of the MDP who did nothing - they could not as it was not theft.  For over a year Lindis tried to get an appointment with the US Ambassador so that she could return the flag - he will meet as she had said she would be bringing a letter of protest about 'Star wars'.

Lindis lowered another US flag down at USAF Croughton in September this year - before the 11 September .  She was suddenly arrested at Mildenhall when she was protesting on her own there after the horrific attacks on 11 September.  She was charged with theft of two US flags - apparently each worth £100.  She elected to go to the Crown court for trial. She refused to be interviewed by Harry Horton MDP  because he is incompetent and was bailed to Bicester police station and eventually charged with theft of two US flags.

Lindis has never appeared in court on the first stage of a case. She has been arrested hundreds of times and has had many many cases over 20 years so she does know the system.  Lindis has never failed to contact the court by letter as to how she would be pleading and that has always been accepted - until Friday 12 October .

Lindis was taken to the Central police station at mid-day on Friday and stayed there over night.  She was taken to Oxford the next morning where she appeared in court at 1 pm.  The court made no issue of the alleged breach of bail but did impose draconian bail conditions on the request of the CPS (MDP):

Over the years Lindis has had all manner of bail conditions - not to go within 5 miles, all varieties of meters/yards/ to report daily to a police station, not to go outside the boundaries of Bradford, to reside and sleep at a variety of addresses, not to enter any MOD property in the world etc etc. 

The conditions imposed were:  Not to go within 25 meters of any military
establishment used by the United States within England and Wales.

Lindis still has one US flag in her safe keeping.  The other flag was taken from her home by Humberside police after she was charged.  She had told the police where it was. 

Lindis will once again write to William S Farrish (US Ambassador in London and 'Keeper of the US flag') to request an appointment with him in order to return the US flag.

On 18 October 2001 at Pickering Magistrates' Court Lindis was found guilty of 'obstructing a police officer in the execution of his duty' at Fylingdales (crucial to the AMD system) in June last year.  She was ordered to pay a fine of £300 and £500 in costs.

The case was disturbing in that before eventually being arrested for 'obstruction' Lindis had been arrested four times under the invalid (we say) military land byelaws by the Ministry of Defence police. She had been 'dearrested' and 'reported with a view to prosecution'. The MDP had finally been instructed by Superintendent Grainger of Longtown to remove her car off the base. It was during their attempt to do this that Lindis was said to have 'obstructed' the MDP officer.

An appeal is to be lodged.

Lindis had been informed this year that no further action was to be taken concerning the byelaws.  This follows a typical pattern by the MDP and Crown Prosecution Service.

Mr Charles (District Judge) made absolutely no comment or observation in his ruling concerning the misuse and abuse of the law by the MDP.  His ruling tantamounts to saying that the MDP can go on manipulating the law.

During the case PC Hodginson said that there was a 'general policy' decision not to go further after arrests under the byelaws.  This is the second time that while under cross examination the Ministry of Defence police have revealed this.  CAAB has always known that this was so but none of the MDP would be honest and courageous enough to say so.

We have pursued the issue of invalid byelaws over many years.  Lindis has challenged the validity of military land byelaws four times.  The byelaws at Menwith Hill were declared invalid in 1993.  New byelaws were brought in which were challenged by Anne Lee and Helen John (WoMenwith Womens' Camp(aign)) and declared invalid in 1999.  The Crown appealed and were successful.

We are pursuing a legal action to stop the abuse of power by the Ministry of Defence police concerning the invalid byelaws at many bases round the country including Menwith Hill and Fylingdales.

5 October 2001

Lindis Percy had her Appeal against the conviction of 'assaulting a police officer in the execution of his duty' upheld at York Crown Court.  Recorder Robertson hearing the case with two Magistrates substituted the Guilty conviction to one of Not Guilty.

The appeal was heard over three days. Legal arguments were heard on the first day when a point was raised challenging the attestation of Barry Frost as a Ministry of Defence police officer (Ministry of Defence Police Inspector at Fylingdales who had accused Lindis of assaulting him in August last year - see previous court news on this case).  This point was not successful but we have not abandoned the legal arguments.

Recorder Robertson said in his Judgement it was 'curious damage' to Barry Frost's glasses (Lindis had been found NOT GUILTY of criminal damage to his glasses in the lower court -Pickering Magistrates' Court - but found GUILTY of assaulting this officer even though no-one saw the alleged incident).

PC Dobbs (MDP) who gave evidence in this case very significantly revealed that there is a policy decision not to 'go further' if anyone is arrested under the Fylingdales byelaws i.e not to take in front of a custody officer as is usual under the Police and Criminal Evidence Act 1986. The MDP have in the past denied that such a policy decision exists.

Thank you so much to everyone who supported Lindis in court over the three days.

26 May 2001

On Friday 25 May 2001  at Pickering Magistrates' Court Lindis Percy (Co-coordinator of Campaign for the Accountability of American Bases) was found guilty of an alleged assault against Inspector Barry Frost (MOD police officer at Fylingdales) but not guilty of alleged criminal damage to an arm of his spectacles.

The charges were alleged to have taken place during a peaceful demonstration by Anni Rainbow and Lindis Percy inside the Fylingdales base in North Yorkshire, UK on 1 August 2000 . It is probable that Fylingdales (and NSA Menwith Hill also in North Yorkshire) will be crucial to George W Bush's proposed American Missile Defense system.

Inspector Frost claimed that Lindis kicked him in the side of his head, on his chest and on his arm. He furtherclaimed that one arm of his spectacles was bent outwards at a 45 degree angle by the alledged kick to his head.

Lindis entered a not Guilty plea at the start of the four day trial which was part heard on 8-9 February, adjourned for 15 weeks on points of law concerning invalidity of the Fylingdales Byelaws and Attestation of MOD police officers and resumed on 24-25 May .

Mr Wicks the District Judge hearing the case said it remained a mystery how the spectacles became damaged. He said he accepted that Lindis was a deeply committed and non-violent peace campaigner and that she had no intention of deliberately kicking Inspector Frost. He did however believe that her non-violent resistance to being put into a police vehicle by Inspector Frost and two other officers amounted to reckless behaviour and despite no-one actually seeing the alledged assault take place he ruled that an unintentional assault had taken place.

Mr Wicks said he would not be seeking a custodial sentence or a community service order (he accepted that Lindis was already working for the community) but imposed a £200 fine plus £600 costs (the prosecution had asked for £1200).

Lindis, who absolutely denies that the alledged assault took place, has put the court on notice that she intends to appeal.

We ask for your thoughts and prayers during this extremely difficult time.

The 'part heard' case concerning the use of the American flag in protest by Lindis Percy continued today at Fakenham Magistrates' Court. On 16 December last year Ms Percy was charged with 'obstruction of the highway' at the Main entrance to the Deep and Near Space Tracking Facility at the American base at Feltwell, Norfolk. She was not charged with 'obstructing the highway' at the time but for an offence under the Crime and Disorder Act which was 'racially aggravated'. This was later dropped and two amended charges substitued - 'obstruction of the highway' and an offence under the Public Order Act which omitted the words 'racially motivated'. Ms Percy was peacefully witnessing and protesting at the Deep and Near Space Tracking Facility at Feltwell Norfolk using the US flag with STOP STAR WARS written in black tape.

Evidence was heard from five American 'security police' on the first day that they had been 'angered, upset, distressed, offended and hurt' by the use of the US flag. One of the witnesses said the US flag had been 'desecrated' because of the words and also when Ms Percy had lain the flag on the ground and gently stood on it.

Patrick Heley (District Judge from Norwich) found Ms Percy guilty of both offences and ruled that there was no breach of the Human Rights Convention (Article 10 and 11). He made it clear that there was a balance to be made between Ms Percy's right to protest and the rights of the Americans to be protected from insult and abuse of their symbol. He said "There is a pressing social need in a multi-cultural society to protect from denigration objects of symbolic importance to one cultural group." Ms Percy was fined £200 for the Public Order offence (the effect of her actions on the American 'security police' using the US flag), £100 for 'obstruction of the highway' and ordered to pay £250 costs.

After Patrick Heley had found Ms Percy guilty of both charges he instructed Christopher Youle (CPS) to read out Ms Percy's previous convictions. In Ms Percy's experience over 20 years of protest this has not been done before. Ms Percy asked that she should be given the opportunity to explain the list of convictions. This was not allowed by the District Judge. Ms Percy had also expressed criticism of the decision of the court and how his ruling effectively decided in future what symbols would be acceptable in any peaceful protest. Ms Percy was found to be 'in contempt of court' as a result. She was 'arrested' on the instructions Peter Heley by two Norfolk police officers who had been summoned.

Ms Percy was detained at Fakenham Police Station for about two hours over the lunch period and later appeared in court at the District Judge's behest. He asked her to redeem the contempt of the court by withdrawing the criticism and remarks she had made. Ms Percy quietly responded by saying "I am having great difficulties at doing what you ask". She was fined £250 for being 'in contempt of court'. Ms Percy will be appealing the decision of Patrick Heley.

In a similar case at Harrogate Magistrates' Court three weeks ago Ms Percy was found not guilty of the same charge under the Public Order Act for using the US flag (with STOP STAR WARS written on) while witnessing and protesting at NSA Menwith Hill North Yorkshire on 13 December last year. In the same trial Anni Rainbow and Lindis Percy were also found not guilty for 'obstructing the highway'.

See also: Peer backs right to stage flag protests and Fighting apathy can land you in a show trial

On 11 May 2001 the case against Lindis Percy concerning protest with the US flag was heard at Fakenham Magistrates' Court in Norfolk UK. As well as hearing evidence from the Ministry of Defence Police, several US 'security police' also gave evidence about the use of the US flag when Lindis Percy again witnessed and protested about the probable involvement of the Deep and Near Space Tracking Facility at Feltwell in the American Missile Defense programme in December last year. The US flag had STOP STAR WARS on it.

An application for 'no case to answer' was made when the Crown completed their case. Patrick Heley (District Judge from Norwich) ruled that there was a case to answer and said:

"There is a clash of rights, as is so often produced by the convention (Human Rights Convention Article 10 and 11)".

He went on to say "on the one hand are the rights of the American service personnel to hold in particular importance their flag and for that to be protected from denigration. On the other the right for Ms Percy to express herself in a particular way. It is a balancing exercise which all comes down to proportionality and I believe the penalty of up to £1000 is proportionate. Ms Percy has the right to behave in a certain way on pain of being fined. There is no breach of the Human Rights Act".

At York Crown Court on 14/15 May 2001 Lindis Percy was found NOT GUILTY for 'going equipped to steal a byelaws notice' at RAF Fylingdales in July last year. This action was conducted openly and honestly and the case should never have come to court. After an application for 'no case to answer' by Robert Collins (Barrister representing Ms Percy) Judge Meteyer agreed there was no case to answer and directed the jury to acquit Ms Percy after saying that no reasonable jury could convict her on the evidence that had been heard.

Judge Meteyer was critical of the way the MDP use byelaws that are clearly unsafe. CAAB has been trying to expose the actions and behaviour of the MDP regarding the institutionalised manipulation of the byelaws at Fylingdales and many other US bases for a long time.

A third of the land included in the byelaws was returned to the Forestry Commission several years ago and therefore this land no longer is part of the 'applicable area' of the byelaws. In his direction to the jury Judge Meteyer said that although the actions of Lindis Percy may have been 'inconvenient' [she was again raising the question of invalid byelaws and protesting at the proposed role of Fylingdales in the American Missile Defence system] there were other remedies such as 'using proper laws and proper byelaws'.

Judge Meteyer also said the MDP 'should not try to give an artificial meaning to 'dishonesty' [dishonesty is one of the five elements of the Theft Act that the Crown had to prove as well as an intention of 'permanently deprive the owner of the property' ie byelaws sign]. This case is yet another example of the spurious charges that have been brought against Lindis Percy by the MDP over many years.

Anni Rainbow and Lindis Percy (Co-coordinators of CAAB) were found not guilty of 'obstruction of the highway' on 27 April 2001 after a three day trial. Peter Nuttall (District Judge hearing the case) ruled that Anni and Lindis were not on the public highway after they had said that they had obstructed cars leaving Menwith Hill Station on 13 December 2000 but were not on the highway - This was the night that George W Bush was confirmed as the next President. The area at the Main entrance to Menwith Hill has been an area of legal contention for many years. Peter Nuttall heard that this area is part of the 'applicable area' of the Military Land byelaws. He ruled that Anni and Lindis were therefore on private land.

Later Lindis Percy was cleared of the Public Order Act offence. Ten days before the trial the CPS discontinued the charge under the Crime and Disorder Act which the Prosecution said had been 'racially aggravated'.

Rajiv Menon (Barrister acting for Lindis) said "We would not be here if it was not for a highly politically motivated prosecution - some might say with the support of the American military".

The court heard that Ministry of Defence Police had sent emails to US personnel on the base asking if they had found it insulting that Lindis had stood in front of traffic holding a US flag bearing the words 'STOP STAR WARS'. Several American personnel on the base had replied. Rajiv Menon said that seventy five percent of the Americans approached by the MDP had not found her behaviour insulting. Rajiv Menon said that the prosecution was based on evidence from three American zealots.

The court was told that the US Supreme Court had refused to make flag abuse a criminal offence. Rajiv Menon asked "Why are we in the UK trying to criminalise behaviour which is lawful in the US?"

In his ruling Peter Nuttall described as 'wholly over the top' the evidence from Kenneth Zernicke, a US citizen who claimed he had been deeply distressed and insulted at the treatment of the US flag. The District Judge said "We do have rights as citizens and they include the right to protest. Nobody could say that this was other than peaceful protest". He described the prosectuion for disorderly behaviour as 'overkill' and added "The man who claims to be so upset could not possibly be seen as representative of the American community - not even the American community at Menwith Hill".

Lindis Percy is again on trial at Fakenham Magistrates' Court on 11 May 2001 in a rerun of the above charges. She was witnessing and protesting at the American Deep and Near Space Tracking Facility at Feltwell (probably connected with the American Missile Defense system) in December last year. She was carrying the American flag with STOP STAR WARS written on it. Lindis was arrested for 'obstruction of the highway' and taken to Thetford Police Station - where she was surprisingly charged with an offence under the Crime and Disorder Act which was the CPS said was 'racially motivated'. Later this charge was discontinued by the CPS and an offence under the Public Order Act subtituted. She has also been charged for 'obstruction of the highway'.

The case (as in the Menwith case) again has serious implications for civil liberties and peaceful protest.

Today at Harrogate Magistrates' Court Anni Rainbow and Lindis Percy were found not guilty of 'obstruction of the highway' at the American National Security Agency base at Menwith Hill, North Yorkshire.

Peter Nuttall (the District Judge hearing the case) ruled that Ms Rainbow and Ms Percy were not on the public highway when they were witnessing and protesting at the Main entrance last year on the night that George W Bush was to accept the US Presidency.

Peter Nuttall ruled that there was a clear distinction to be made between the public highway and the private 'applicable area' covered by the military land byelaws. The 'applicable area' has been in contention for years and the Ministry of Defence Police have arrested many people in this particular area.

CAAB is very pleased that at long last the confusion concerning the boundary of the Main entrance area at Menwith Hill Station is finally defined and the disgraceful conduct of the Ministry of Defence Police has in parts been addressed.

Peter Nuttall went on to find there was 'no conviction' in the matter of the charge brought against Lindis Percy by the Crown Prosecution Service for section 5 of the Public Order Act 1986. He ruled that the citizen has rights and that the citizen has a right to peaceful protest. The protest was peaceful and Ms Percy clearly did not intend to be 'abusive and insulting' by holding the US flag with the words 'STOP STAR WARS' written on it.

Peter Nuttall commented that this complaint did not need to come within the criminal code. Rajid Menon (defending Ms Percy) referred to the prosecution of this particular charge against her as 'clearly political'.

CAAB is delighted at the outcome of this case. The outcome is significant. The Public Order charge was serious because of the implications for civil liberties and peaceful protest. The Crown Prosecution Service discontinued the 'racially motivated' charge just before the trial.

We fully intend to continue our witness and protest at this American base and other US bases in this country. We will rigorously oppose the American Missile Defense system and the probable involvement of NSA Menwith Hill, Fylingdales or any other UK base. Tony Blair is expected to give formal consent to the US goverment for use of these bases for the American Missile Defense system. We with others are determined to stop it.

Thank you so much to everyone who came to the court, sent emails, telephoned and generally supported us.

Further to the update CAAB sent out yesterday, the Prosecution completed their case before lunch today having called further evidence from the Ministry of Defence Police and two more American employees at Menwith Hill Station.

Evidence centred on the education of the children at the school on the base concerning the codes of practice of the care, respect and allegiance to the American flag. It was said that the US flag represented 'freedom and democracy'. The court also heard from one of the American witnesses that it was 'an act of disgrace towards the American people to hold the flag in that way'. She had objected to the fact that there was writing on the flag [STOP STAR WARS]. Both American witnesses were unaware that the US Supreme Court has not approved legislation to criminalise the desecration of the US flag but instead strongly ruled in favour of upholding the First Amendment. Also they were not aware that the US Senate had rejected any attempt to pass an 'anti-flag desecration' law on several occasions.

The Defence then made an application for 'no case to answer' on all three charges. Mr Nuttle (the District Judge hearing the case) deliberated for just over an hour and ruled that there was a case to answer. Lindis Percy then gave evidence.

The case will continue into a third day tomorrow when a verdict will be reached.

The charge concerning the US flag has serious implications for civil liberties and peaceful protest in England and Wales.

Anni Rainbow and Lindis Percy (Co-Coordinators of the Campaign for the Accountability of American Bases - CAAB) appeared at Harrogate Magistrates' Court today charged with 'obstruction of the highway' at the American National Security Agency base at Menwith Hill North Yorkshire on 13 December last year. They were protesting at the pending 'election' of George W Bush as the next US President - a keen advocate of the American Missile Defense system. Menwith Hill Station with Fylingdales are key to this system.

Lindis Percy was also charged (a month later) with a 'racially motivated' offence under the Crime and Disorder Act for allegedly 'trailing the US flag on the ground - forcing an American to drive over the flag'. She was also charged with a similar offence under the Public Order Act (minus the 'racial' element).

At a very late date the Crown Prosecution Service notified Lindis Percy that they were discontinuing the 'racially motivated' charge. She was however left with the Public Order offence.

At the beginning of the trial, Mr Nuttal (the District Judge appointed to hear the case) granted the Prosecution an 'ex-parte' application for a Public Interest Immunity Certificate. This prevented the Defence from seeing the statments of three prosecution witnesses or calling the same three witnesses to give evidence on the grounds of:

1. UK national security
2. US national security
3. the security of the individuals.

The Prosecution presented their case calling Ministry of Defence Police and Amerian employees at Menwith Hill Station. The case continues tomorrow.

Anni Rainbow and Lindis Percy (Co-Coordinators of the Campaign for the Accountability of American Bases - CAAB) are to appear at Harrogate Magistrates' Court on WEDNESDAY 25 APRIL 2001 at 10 am. They were both charged with 'obstruction of the highway' at the National Security Agency of American base at Menwith Hill on 13 December last year.

A month later after reviewing the CCTV video evidence by David Tucker of the Crown Prosecution Service Lindis Percy was charged with two further offences:

1. that you on 13 December 2000 at Menwith Hill in the Country of North Yorkshire used abusive or insulting behaviour or disorderly behaviour, namely trailing a United States of American flag on the ground in front of cars driven by American citizens, with in the sight of persons likely to be caused harassment alarm or distress thereby, namely American citizens and the offence was motivated (wholly or partly) by hostility towards members of a racial group, namely citizens of the United States of America based on their membership of that racial group contrary to section 31 of the Crime and Disorder Act 1998
   
2. that you on 13 December 2000 at Menwith Hill in the County of North Yorkshire used abusive or insulting behaviour, namely trailing a United States of America flag on the ground in front of cars driven by American citizens within the sight of persons likely to be caused harassment alarm or distress thereby contrary to section 5 of the Public Order Act 1998 as amended

Ten days before the case was due to be heard David Tucker (CPS) has notified Lindis Percy that he intends to discontinue the 'racially motivated' charge. However the offence under the Public Order Act 1998 still stands.

PLEASE NOTE
The date for the part-heard trial of Lindis who is accused of 'assaulting a police officer' and 'causing criminal damage to his glasses' has been changed from 19 April 2001 to 24/25 May 2001 at Pickering Magistrates' Court.

The case against Lindis for an alleged 'obstruction of a police officer in the execution of his duty' at Fylingdales last year is held back until the outcome of the case which is to be heard on 24/25 May 2001 at Pickering Magistrates' Court because of similar legal arguements in these cases.

The trial has been fixed for 14 May 2001 at York Crown Court when Lindis answers to a charge of 'going equipped to steal a byelaws sign' at Fylingdales last year.

Lindis is in Fakenham Magistrates' Court on 11 May 2001 . She is charged with an alleged Public Order offence (similar to the charge at Menwith Hill) while protesting with the US flag at the probable use of the Deep and Near Space Tracking Facility at Feltwell in December 2000.

Anni and Lindis are on trial at Harrogate Magistrates' Court on 25 April 2001 for 'obstruction of the highway' at Menwith Hill. Lindis is also charged under the Crime and Disorder Act 1998 for 'using abusive or insulting behaviour or disorderly behaviour, namely trailing a United States of America flag on the ground' which was 'racially aggravated' (see CAAB newsletter no 16). She is also charged (in the alternative) with a Public Order Act offence (dropping 'racially aggravated' offence). The trial is set for three days. Both Anni and Lindis will be represented. The case is attacting considerable press and legal interest.

Anni and Lindis would be pleased if as many Ffriends as possible could come to the court with a quiet presence of support during this important case. The implications for protest are serious.

Lindis Percy was in Scarborough Magistrates' Court for two days (8/9 February 2001 ) when she was on trial for 'assaulting a police officer in the execution of his duty' and criminal damage to his glasses'. She denies these charges. The officer accusing Lindis of assaulting him is Inspector Barry Frost (Senior Ministry of Defence Police at Fylingdales) who has a Police Complaints Authority complaint substantiated against him when he assaulted Lindis while she was in his custody in 1993.

The alleged offences arose out of an incident at Fylingdales on 1 August last year. Anni Rainbow and Lindis Percy were once again at the base to witness and protest at the proposed role of Fylingdales in the American NMD system.

The case will go into a third day (19 April 2001 at Pickering Magistrates' Court) when the District Judge (Magistrates) will make his decision as to the validity of the RAF Fylingdales military land byelaws (Lindis has been involved with challenging byelaws for many years) and whether the officer who accuses her of assaulting him is a lawful police officer. The legal submissions raised are interesting. The 'attestation' point has not been raised before and if successful will have far reaching implications for the Ministry of Defence Police.

Lindis Percy is in the High Court London on 16 February 2001 when Colonel Clyde D Harthcock (First Defendant in the Claim brought re the two SBIRS radomes which are now constructed at Menwith Hill) is seeking costs of over £16,000. The Claim was withdrawn in October last year after President Clinton made his decision not to deploy NMD. We intend to bring a legal action if/when the UK government gives formal consent for the use of Menwith Hill, Fylingdales or any other facility.

On 19 February 2001 Anni Rainbow is in Harrogate Magistrates' Court for a Pre-Trial Review for 'obstructing the highway' at Menwith Hill (Anni and Lindis were there to protest on the night George W Bush was 'elected' as the next President of America). Lindis Percy was also charged. Lindis has subsequently been charged with causing 'offence, alarm, distress' which was 'racially motivated by trailing the US flag'. The US flag with STOP STAR WARS written on it has been used many times by Lindis and Anni. Lindis now has three charges against her for using the US flag when protesting against the NMD/TMD.

Lindis has been informed that 9 byelaw offences at Fylingdales are not to be proceeded with and also 3 alleged offences of 'obstruction of a police officer in the execution of his duty'.

Anni has received a letter from the Claims Officer (MOD) who is making an application for an Order for a charge on her house of £2,515.48 which they say represented the costs awarded to the MOD in Leeds County Court in 1999. The case was a civil action for medical negligence and unlawful arrest and detention.

One of the women who witnessed the incident at MHS in 1991 wrote a negative statement which meant that the case had to be abandoned. The Legal Aid Board’s refusal to grant Lindis a certificate to challenge the MOD’s Appeal against her and John Bugg’s successful high Court challenge to the first set of MHS Byelaws also adversely affected the case. [Anni was denied her medication while in custody, collapsed and spent 2 weeks in hospital.]

Lindis accepted responsibility for writing on a holding room wall at MHS re the continuing institutionalised manipulation of the byelaws by the Ministry of Defence police - Harrogate Magistrates ordered a total of £401 in fine, costs and compensation.

Lindis took the Magistrates through the history of the institutionalised abuse and manipulation of the law (byelaws) by the Ministry of Defence Police (also involving American bases at JAC Molesworth, USAF Lakenheath, USAF Mildenhall, NSA Feltwell) over 20 years going back to the struggle by three women [Georgina Smith, Jean Hutchingson and Sarah Hipperson) to get the byelaws at Greenham Common declared by the House of Lords to be invalid in 1987 and took the Magistrates through the history of the byelaws saga at Menwith Hill from 1987 to the present date.

Lindis (with John Bugg) challenged the first MHS military land byelaws in 1991 which were declared invalid in 1993 and which were subsequently revoked after the introduction of new byelaws in 1996. For three years there were no byelaws at MHS which enabled many people to 'trespass' and walk freely on the land at MHS without fear of arrest. For over an hour she outlined the reasons why she had been compelled to act on 19 November 1999. She took the Magistrates through the long history of struggle concerning the challenges to the validity of the byelaws (second challenge by two women (Anne Lee and Helen John of the Womens campaign at MHS in 1997) and to bring the Ministry of Defence Police to account (refer to Byelaws history and update).

Lindis conveyed to the Magistrates how important it was to work within the democratic and legal process to bring the MDP and CPS to account. However in the end this fails us and on 19 November 1999 she felt compelled to write on the walls of the holding room at MHS. She had acted openly after being told yet again that despite there being enough evidence to charge under the MHS byelaws by the custody officer, he had suddenly changed his mind and said she would be 'reported with a view to prosecution' instead; so preventing yet again a third challenge to the validity of the byelaws at MHS.

It was unusual to see a police officer sitting at the back of the court for most of the day in a case where the defendant had said she was responsible for the writing on the holding room wall. Chief Inspector Drummond (Senior Police Officer at MHS) was referred to by Lindis and the court's attention was drawn to the role that he has played in the institutionalised manipulation of the byelaws at MHS and also that he did not tell the truth in the High Court which was heard by Anni and Lindis in March 1999.

The court was also told that Lindis had been informed eventually by the MDP that no further action would be taken concerning the byelaws arrest. She had not been charged at the time for 'criminal damage' of the walls despite freely and openly doing it and being told to desist three times by the MDP. She was not charged at the time for this but reported with a view to prosecution. Two months later Lindis received a summons to appear in court for alleged 'criminal damage' to the holding room walls.

The Magistrates agreed to allow Anni to give evidence in support of Lindis. The court's attention was also drawn to the role of David Tucker (CPS) in the way he had persistently manipulated the Crown's position which was that it had become increasingly clear that the MDP and the CPS did not ever intend to charge anyone under the byelaws; so preventing a third challenge to the validity of the byelaws. Not once did David Tucker ask any questions or intervene during Lindis' or Anni's evidence.

The outcome of this case was that the Magistrates agreed with the application by the CPS for costs and compensation and also added a fine against Lindis. They ordered Lindis to pay £150 fine, £150 costs and compensation of £101 60p - a total of £401 60p to be paid within the next 28 days. They took no action against Lindis for being in breach of a conditional discharge of 3 years ending in September 2000.

The case arose out of an incident while she was in custody in January 1998 at MHS for an alleged byelaw offence. Lindis was assaulted by John Quinn who was acting as custody officer. The arresting officer PC Clive Wyatt had refused to hand Lindis over to John Quinn in fear of what he might do to Lindis; having assaulted her as she came into custody.