CAAB Reports
Arrest at USAF Mildenhall
CAAB Report no: 233
Lindis Percy was arrested at USAF Mildenhall in October last for an alleged offence under the Serious Organised Crime and Police Act 2005 section 128. Bail conditions were imposed by Bury St Edmunds Police. Lindis attended the Police Station a month later.
No proceedings for an offence under this section can be instituted except by or with the consent of the Attorney General. To date there has been charge.
Brief update on Claim against US serviceman
CAAB Report no: 232
A Claim by way of the Small Claims civil court was lodged at Harrogate County Court on 23 February 2009 against First Class Airman Frank Macdonald (US serviceman based at USAF Croughton). Please refer to CAAB archives report 118: 19 February 2006.
The case arose from this incident when the Defendant assaulted Lindis Percy. Two Ministry of Defence Police Agency officers stood by while this happened. Lindis Percy brought a private prosecution against the three in 2008. However a Certificate of Immunity was entered into the court by the Defendant which stopped the case.
The Defendant changed his solicitor three times; eventually being represented by the Treasury Solicitors. The case was transferred from Harrogate to Oxford County Court.
The Claim by Lindis Percy is for injuries and trauma caused by the Defendant (£1000). There was a Case Management hearing on 4 January 2010 before District Judge Matthews at Oxford County Court. The situation at present is that Lindis Percy has informed the Defendant that she would be willing to try to resolve the matter by way of mediation.
The legal road to bring First Class Frank Macdonald to account continues.
Saturday 3 October 2009 – ‘Keep Space for Peace’ demonstration
CAAB Report no: 231
Since 2000 CAAB has responded to the call by the Global Network Against Weapons and Nuclear Power in Space (‘Keep Space for Peace’) for a week of international protest by the Global Network Against Weapons and Power in Space (‘Keep Space for Peace’). The specific focus this year was the use of space involving Unmanned Arial Vehicles (‘drones) in war fighting which have caused high numbers of deaths and injuries of civilians in Afghanistan and Pakistan. This year we invited Yorkshire CND to help with the organisation.
For the second year we moved from the main entrance to Menwith Hill to the Kettlesing Layby (on the A59 Harrogate to Skipton Road – which runs past Menwith Hill). The weather was even worse than last year with gale force winds, making it difficult to display banners, flags etc and impossible to even attempt to put up a gazebo. Despite the atrocious weather about 40 people came from Burnley, York, Bradford and Sheffield.
Martin Schweiger (Quaker, doctor and peace activist) hosted the event. Steve Hill (Daftasadrum) did a splendid drumming workshop and Sarah Cartin (Yorkshire CND) spoke about the current race for space. Messages were read out from Lindis Percy (unable to be present), from a similar demonstration happening at USAF Croughton and from a CND Welsh member who was unable to attend about ‘drones’. Dave Bevan supplied delicious food in really difficult conditions!
Diana Wallace (MEP Yorkshire and the Humber) questioned why it was necessary to get planning permission and accountability for windmills but not for the US Missile Defense installations and the pressing need to put money where it will really make a difference.
The police presence this year was inconspicuous and ‘low key’ – a marked contrast to previous years – thank you to North Yorkshire police for this welcome change in ‘policing’ peaceful protests.
Thank you so much to all who helped to organise, participate and attend this important demonstration.
Sunday 9 August 2009 – anniversary of the dropping of nuclear weapons on Nagasaki.
CAAB report no: 230
There was a silent vigil by CAAB at the American base to mark the day when the US used nuclear weapons on the people of Nagasaki; the first time was on 6 August 1945 on Hiroshima. The vigil lasted exactly one hour. The paper banner read: ‘9 August 1945 – remembering Nagaski’. 80,000 people were killed on this day with many more injured and suffering lasting effects.
A Disturbing and Regular Abuse of Power at NSA Menwith Hill
At 6pm on Tuesday 2nd of June 2009 a group of like minded people met up outside the main gates to the American Base, Menwith Hill for the usual weekly demonstration organised by the Campaign for the Accountability of American Bases (CAAB), as we have done for many years, in fact every Tuesday for over nine years.
This week we decided to have a small BBQ and enjoy the sunshine. Consequently a few extra people attended the demonstration. There were 13 of us in all, including my own 10 month old, daughter and two other young children.
It was clear on arrival that our numbers were causing tension amongst the three Divisional Support Group (DSG) officers who are brought in to police the demonstration each week. In fact extra officers were brought in to help police the demonstration. 1O Ministry of Defence Police Agency (MDPA) officers, three of which were armed with semi automatic weapons, and two guard dogs with handlers in all. After no incidents we packed up and left as usual at 8pm.
As I left the main gate I was followed by the MDPA. They are paid for and under the operational control of the US Visiting Forces (Memorandum of Agreement 2008 which is on the CAAB website under Judgments and Documents). As I reached the A59, where they would normally turn back towards the base, I was joined by another MDPA Landrover which followed me for several miles along the road to Otley, in close proximity until I got to the Sun Inn car park where I pulled in to let it pass. I then set off again behind it. A few miles further along a North Yorkshire Police Volvo turned up behind me with flashing lights and sirens and I and the car behind me were ’shepherded’ in to some land between the two vehicles. They then asked me a series of questions in the back of their car as to who owned the car etc. It was then decided and explained to me that I had been stopped under the Serious Organised Crime and Police Act (2005, SOCPA) and it was completely random, unconnected with the demonstration in any way and they wanted to check my documents and the vehicle. I then spoke to a MDPA officer from the Landrover who told me that actually I had been pulled over because he had radioed the Volvo to help them, as I had pulled in at the car park to let him past. I explained it was because I found it very intimidating to be followed so closely by men with semi automatic weapons. It wasn’t a random stop at all according to him. It was another blatant example of how laws are regularly being abused and used incorrectly to intimidate and repress lawful protest. I was then given a bit of paper ordering me to take my documents to a police station of my choice within seven days and sent on my way.
I find it quite amazing that all four men failed to notice that I had a brake light out!
However, the sad truth is that this is by no means an isolated or even rare incident. The police agencies involved with Menwith Hill have continued to attempt to intimidate and abuse those attending the weekly demonstrations for years, manipulating laws in hope that they will deter us in our objectives and legal right to protest outside the base. Their methods have ranged from imposing ridiculous bail conditions, the application for an ASBO against Lindis Percy, who coordinates CAAB with myself, that cited she ‘frightened and intimidated young children’, the continued use of SOCPA and numerous arrests under ‘aggravated trespass’ (which was never meant to be used against peaceful protestors but is instead used as a form of bail conditions under section 69 of the Criminal Justice and Public Order Act 1994).
The friends that were travelling with me were naturally upset by the event. I of course produced my documents as instructed but feel bitter about the clear attempt to bully and frighten people from their legal right to protest freely outside the gates of Menwith Hill. Dozens of people who have attended the demonstration over the years have been stopped and searched using SOCPA. CAAB are currently using the Freedom of Information Act to obtain the actual numbers.
On 4th July this year CAAB will hold their annual ‘Independence from America’ demonstration outside the main gates to USAF Menwith Hill. We will not be intimidated nor deterred. We will uphold our lawful right to protest and we will have an informative, fun and successful event in our Yorkshire Dales. Please join us if you can. 4th July, 5-10pm at Menwith Hill. See our website for the full programme. www.caab.org.uk
Laila Packer
Co-ordinator with Lindis Percy
Campaign for the Accountability of American Bases
www.caab.org.uk
mail@caab.corner.org.uk
Monday 15 June 2009 – arrest at RAF Fylingdales
CAAB report no: 229
Since 1987, Lindis Percy has been involved and has challenged in the courts, the issue of invalid Military Land Byelaws (MLBs) – many of which are invalid – particularly around US bases. In some cases they are invalid because the boundaries are not certain.
Lindis was doing some research at RAF Fylingdales as part of gathering evidence for a case which is being compiled. She arrived at the base at about 10.45 am and walked along the perimeter fence line, on to the permissive bridle way and up to ‘C’ gate. She walked quietly along the alarmed fence line round the phased radar structure. She noticed a parked Ministry of Defence Police Agency (MDPA) patrol car (no-one in it) and walked on towards the heavily guarded main entrance. A white van drove in followed by a MDPA patrol vehicle. Lindis walked on passed the main gate. She expected the MDPA patrol vehicle to stop but it drove into the base. She continued her research round the fence line.
Lindis was eventually aware of a CCTV camera monitoring her. One camera appeared to be stuck. A MDPA patrol vehicle arrived, (soon after joined by a colleague) driven by Eric Mills (PC 3910). Despite saying to the officer that she would continue on her way and leave by the bridle way, he purported to issue a section 69 notice (Criminal Justice and Public Order Act 1994). The MDPA have used s.69 many times against Lindis since this law came onto Statute (the MDPA use this law as bail conditions – s.69 puts on a ban of returning within 3 months). She was leaving but he immediately said she was under arrest. She asked the officer if she was committing an offence under the MLBs; to which he replied “I don’t know”.
Eric Mills then said that he would escort Lindis to the nearest exit. She said that he had just arrested her and that the proper process was that he had to take the arrested person in front of a custody officer ‘as soon as practicable’. Furthermore he had not ‘cautioned’ her and did so while driving back to the Police post inside the base.
Lindis was detained from 1.10 pm (time of arrest) and was released from Scarborough Police Station with ‘No Further Action’ just after 7.0 pm. At the time of arrest Lindis had been on the base for over two hours.
This incident was other example of the way the MDPA abuse and manipulate the law. It is worrying also that many of the officers have a woeful knowledge of the law and the application of the rules and regulations. Lindis had a hard time in custody. She will continue to bring those who abuse their power to account.
Lindis was a trespasser which she openly stated in a taped interview, she did not commit the offence of ‘aggravated trespass’ but she did commit an offence under the MLBs. A few MLBs notices have recently gone up (after many years of no notices until she questioned this). The notices purport to map out the boundary of the ‘restricted’ area at RAF Fylingdales. These MLBs are invalid and have been for many years but still the MDPA, the Defence Estates and the Crown Prosecution Service pretend that this law is safe. Lindis will continue to gather evidence to the contrary.
Friday 1 May 2009: Lindis Percy Released
CAAB report no: 228
Lindis Percy was released from Low Newton Womens prison today, having served 10 days of the 45 day custodial sentence imposed by Harrogate Magistrates’ Court for refusing to pay two outstanding fines which arose out of two cases involving Menwith Hill and Fylingdales ( refer to CAAB reports ).
Thank you so much to everyone who kindly sent such lovely messages and cards to Lindis while she was in prison.
Monday 30 March 2009: Protest at USAF Lakenheath
CAAB report no: 227
CAAB was at the American base at Lakenheath on Monday 30 March 2009. Having done some research around the US bases at Lakenheath, Mildenhall and Feltwell, Lindis Percy went to Gate no 1 at Lakenheath. She held the CAAB symbol of protest – the upside down American flag as she peacefully protested to people coming in and out of the base. The words written on the flag were “The cost of the US bases empire”.
Bob Meddings (Ministry of Defence Police officer) arrived. He was almost immediately called over by an American security serviceman who informed him that they were going to close the exit lane and that no traffic would be allowed out of the base. The base was on ‘lock down’. This apparently was because they were worried that some people coming out of the base may drive at her.
The MDPA officer stayed with Lindis and said he was quite happy at her peaceful protest. She was not committing any offence but protesting peacefully and legally. Suffolk police arrived and then Richard Fryer (Squadron Leader RAF Liaison officer based at Mildenhall) arrived. There were several ‘conferences’ with the US authorities. Richard Fryer shook hands and spoke to Lindis. He did not mention anything about the protest or the fact that by now the traffic situation on base was to be seen at ‘grid lock’.
This situation continued for about two hours before traffic began to move again – presumably because another gate had been opened to let traffic off base. This state of affairs, which continued for nearly two hours, had been caused entirely by the actions of the US authorities.
Bob Meddings (MDPA officer) was clearly under some pressure to ‘do’ something in the form of arresting Lindis for any spurious offence and so removing her from the scene. CAAB commends his stance as he insisted to colleagues, Suffolk police and the US authorities that Lindis had not nor was committing any offence.
It was encouraging and refreshing that for once, the MDPA enabled the right to peaceful protest [please refer to the Joint Committee on Human Rights latest report “Policing and Protest – CAAB website: www.caab.org.uk/category/joint-committe-on-human-rights] and refused to be pressurised in making an arrest for spurious reasons.
Lindis Percy
Coordinator with Laila Packer
CAMPAIGN FOR THE ACCOUNTABILITY OF AMERICAN BASES – CAAB
www.caab.org.uk
Appeal and retrial – 16 January 2009
CAAB report no: 226
Friday 16 January 2009
Appeal of conviction and sentence – York Crown Court
before Mr Recorder A T Hedworth QC
Judith Thomas – Magistrate
Mr A S Green – Magistrate
Anthony Dunn – Barrister (CPS)
Robin Frieze – Barrister (Defence)
Catherine Hollins – Pupil Barrister (Defence)
This was an appeal by Lindis Percy against the conviction and sentence for obstruction of the highway at Menwith Hill on 20 March 2008.
This is what it was all about…and a brief report of the trial in July at Harrogate Magistrates’ Court.
from CAAB report 220
Hefty fine and costs imposed at Harrogate Magistrates’ Court – 3 July 2008
Lindis Percy was in Harrogate Magistrates’ Court today charged with the alleged offence of ‘obstruction of the highway’ on the day of five years of the illegal invasion and war in Iraq. She defended herself as she has done many times before and has been successful before when charged with this particular offence – using the authority of Hirst and Agu v Chief Constable of West Yorkshire Police (1986).
From the start it was abundantly clear that the Magistrates had made up their minds. There was CCTV evidence, witness evidence by PC Brown (North Yorkshire Police and who made the arrest) and PC Rigby (Ministry of Defence Police Agency who accompanied PC Brown). Both officers were part of the Counter Terrorist Unit patrolling round the American base at Menwith Hill.
Lindis had been peacefully demonstrating at the main entrance to Menwith Hill for nearly an hour before the officers arrived. A Ministry of Defence Police Agency officer had been with her during the hour. There had been no problems. This officer was not called to give evidence or a statement taken from her despite the officer being clearly seen on video and PC Brown, in his evidence saying that he had spoken to her. The case therefore rested on approximately 13 minutes when the officers arrived and Lindis was arrested. There was no evidence on CCTV of any obstruction of the highway. The MDPA officer was ‘policing’ the demonstration but these two officers (from the CTU) decided to take charge.
Lindis managed to persuade the Magistrates to agree that the whole of the CCTV evidence should not be played – only from when NYP and MDPA arrived. There was a lot of things that happened in court – all friends present were distressed by the bias and lack of independence and advice for a litigant in person by Richard Irwin (Legal Advisor). He also made a serious mistake in his note taking which raised a question about Lindis’s integrity which all friends in court found deeply shocking and distressing. Glyn Sutcliffe (CPS) appeared to be in charge of the court.
Lindis made several applications for the CCTV/DVD evidence to be played after PC Brown and Rigby gave evidence in order to show that what they had said was not so and to challenge what they had said. On each occasion this was denied by the Magistrates who said that they had seen the CCTV/DVD recording once and would not allow it to be shown again.
Lindis was found guilty of this charge. Fined and costs awarded against her – total £855 to be paid within 14 days. It was impossible to receive a fair trial with such blatant untruths being told, bias of the Magistrates (who of course would say otherwise), a Legal Advisor who made serious mistakes and the officers not telling the truth.
Lindis will seek legal advice as to whether she appeals the conviction and sentence to the Crown Crown. Thank you so much to Chris Dean (who was McKenzie friend in the morning) and Colin Parker who took over in the afternoon. Also to Paul Woods, Lorraine and Donald who were there to support. It was such a help.
We have now appealed the sentence and conviction where a retrial will be heard before a Judge and two Magistrates in York Crown Court.
Appeal and retrial – 16 January 2009
The court watched the CCTV recording of the incident and PC Brown gave evidence. A T Hedworth decided that the tribunal had heard enough evidence and ruled that they would allow the appeal with costs awarded to Lindis.
Thank you so much to Robin Frieze, Catherine Hollins and all the Ffriends who came to court and sent messages of support.
Gaza: protest at Menwith Hill
CAAB report no: 225
The Campaign for the American Bases – CAAB was at the America base at Menwith Hill on 29 December 2008 – for a couple of hours in protest at what the Israelis were doing to/in Gaza.
NSA Menwith Hill near Harrogate North Yorkshire is the largest surveillance and intelligence gathering US base in the world and will be involved with what is happening to Gaza – because of it’s roles. The protest was also about the US being the major supplier of arms to Israel.
There is a demonstration every Tuesday evening (6-8pm) outside the main entrance to Menwith HIl – we will be focussing particularly on the role that this base is playing in the conflict in Gaza and that the US military role in this terrible conflict until there is a cease fire. We urge as many people as possible to join us with banners. It is one thing we can do….
A CASE OF DOING WHAT THEY LIKE
A report by Lindis Percy
Someone is assaulted and the police try and intervene but are pushed away. They stand by and watch the assault. What is the legal remedy?
Normally we would expect the police not to stand by while an offence of this serious nature was taking place in front of them. The person who was offending would be arrested and probably charged and the due legal process would begin. That’s normally what would happen in the English legal system.
However this is a real case and what actually happened is far from the norm. The difference being that the person who actually assaulted a British citizen is a member of the United States Visiting Forces (USVF) and the police are a very different police force to the Home office police. They are the Ministry of Defence Police Agency (MDPA) who, when working on US bases in this country, are paid for and under the operational control of the US authorities.
This is an account of how the US Visiting Forces do what they like when a serious offence is committed by a member of the USVF. It has implications for us all.
The incident happened two years ago at the American base at Croughton near Northampton. A peace campaigner, who was well known to the American authorities as a peaceful person, was researching on this base. She was eventually found, thrown to the ground, handcuffed, intrusively searched and assaulted. Before this she had identified herself and said she would leave. She also insisted that the MDPA be called. The assault was such that she suffered a facial palsy which took 6 weeks to resolve.
There were many US servicemen and women and two MDPA officers present during the incident. American instructions which are mandatory, say that if the ‘intruder’ is British, peaceful and the MDPA can deal with them, control must be handed over to the MDPA to deal with.
The MDPA were called, one of them did try to take control and get the handcuffs removed but he was pushed away by the American serviceman. He said he could go to jail if he disobeyed orders.
The peace campaigner was eventually served a notice not to return to the base for 3 months. She immediately did so, to ensure that the case came to court. She was charged with ‘aggravated trespass’. The case collapsed very early on in the trial because of a technicality. The opportunity to cross examine the players involved was lost.
What next? An offence had occurred and the police did not want to do anything. The remedy therefore was to secure summonses in a private prosecution. This was duly done by the peace campaigner and the summonses carefully drafted. Corby Magistrates’ Court refused to issue the summonses. They gave no reasons.
The campaigner applied for a Judicial Review in the High Court, London on this decision by the court. It’s not easy when acting in person. A year later she was successful. The Judges were highly critical of the Magistrates. They were not represented in court and had not responded to any court documents. The Judges ordered the Magistrates to issue the summonses. Costs were awarded to the peace campaigner.
The summonses were eventually issued after several phone calls from the peace campaigner. The case came to Northampton Magistrates’ Court earlier this year. Although ordered to attend court, none of the defendants appeared in court; despite protestations by the peace campaigner. The Crown Prosecution applied to the court to take over the case which they can and usually do, when there is a contentious case brought privately and with political implications. The case was then out of the peace campaigner’s control.
There was a twist however. The Crown Prosecutor (CP) was the very man who had brought the case against her concerning the same incident at Croughton. Asked by the peace campaigner, on what information he would decide whether to discontinue or continue the case, he said ‘from the taped interview you gave when you were charged’. On second thoughts however and in a letter, he did agree that the peace campaigner could give a statement.
There were four hearings altogether. None of the defendants ever appeared in court despite one bench of Magistrates saying that the American must appear at the next hearing. He didn’t appear and a warrant backed with bail was issued by the Magistrates. They acknowledged that enforcement might be a problem.
Within days, the CP applied for the warrant to be withdrawn, saying that the court had no jurisdiction to hear the case. The American legal department at the US base at Mildenhall had entered a Certificate, under the Visiting Forces Act 1952, exempting the American of ever being brought to court. The case was discontinued a week later.
There is a process which the court must follow. However the CPS were probably never going to allow this case to proceed. The two tests whether to continue or discontinue, as with any case assessed by the CPS, were not rigorously applied. We now are looking at alternative legal remedies.
What happened in Northampton Magistrates’ Court, quietly, without much publicity and without the usual processes of the court being applied, means that the American military, unfettered, do what they like. They do this all round the world.
What needs to happen is a challenge to the Certificate and a good look at the Visiting Forces Act 1952. This Act is out of date and means that, with no accountability or legal remedies for the British citizen, the American serviceman has escaped the scrutiny of the English legal system. A piece of paper waved in the court lets him get away with this offence. As for the MDPA? The test for neglect of duty is deliberately very high.
Lindis Percy
9 May 2008
‘Keep Space for Peace’ demonstration close to NSA Menwith Hill
Saturday 4 October 2008
CAAB Report 224.
Despite the terrible weather and other events happening on the same day, people came to the eighth annual ‘Keep Space for Peace’ demonstration which is part of a week of international protest against Missile Defense called for by the Global Network Against Weapons and Nuclear Power in Space (www.space4peace.org). The police were in excess – on foot, on horses, on bikes, in cars and waiting in the side roads in vans. Extra Ministry of Defence Police Agency officers were on duty on the base. …
This is the message that Noam Chomsky sent to us – read out at the demonstration
Noam Chomsky is professor emeritus of linguistics at the Massachusetts Institute of Technology. His writings on linguistics and politics have just been collected in The Essential Chomsky, edited by Anthony Arnove, from the New Press.
The letter we sent to to Colonel Mary O’Brien – US base Commander of NSA Menwith Hill
Thursday 11 September 2008
CAAB Report no, 223
CAAB was at Menwith Hill for an hour this evening, standing opposite the main entrance to the base to mark the 7th anniversary of the attacks in America in 2001. There was a banner which said “Remembering all victims of terrorism” with a single peace flag fluttering by its side.
We went to Menwith Hill seven years ago, on the day that this terrible event happend. It occured on a Tuesday – the regular day of the weekly demonstration. On that day we handed in a card and flowers to the US Commander. We had no upside down US flags in evidence and wore black arm bands. We have been there with the banner and the peace flag on 11 September each year since.
A matter of a bollard…
Guilty verdict at Harrogate Magistrates’ Court – 19 August 2008.
“This case arose out of three incidents at Menwith Hill last year. Lindis Percy was charged with breaching a s.69 notice …. The essence of section 69 says that if an officer reasonably believes that a person trepasses on land in the open air with the intention of disrupting, obstructing or intimidating lawful activity then an offence is committed and a notice can be issued. Once issued the person must not come back to the land within 3 months…”
Read the full report.
Archive of CAAB Reports before September 2008
