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Anni Rainbow could not be at the Tuesday demonstration. Lindis Percy was the lone protestor at the regular Tuesday evening protest at NSA/USAF Menwith Hill.

Six Ministry of Defence Police Agency officers from the Divisional Support Group from York were present plus various officers based at Menwith Hill. There was a better balance between the right to protest and the right of people to go about their 'lawful' business. Apart from one incident involving John Brizillera (Inspector MDPA) from 6 - 8 pm it was a peaceful demonstration.

As Lindis was about to leave, a car came out of the base. Lindis safely stood for a short time, holding the US flag upside down with 'SHOCKING AND AWFUL' written on it, in front of the car as it came out of the base She had done this many times during the protest (legal authority of the case of Hurst and Agu v Chief Constable of West Yorkshire QBD 1984). She was moving away and ending the demonstration, when she was suddenly arrested for 'wilful obstruction of the highway - s.25 PACE by Dave Smith (MDPA). She was arrested at 3 minutes past 8. The demonstration ends at 8 pm.

She was taken to Harrogate Police Station and eventually charged with:

That you on Tuesday 28 September 2004 at Menwith with Darley without lawful authority or excuse, wilfully obstructed the free passage along a highway, namely Menwith Hill Road.
CONTRARY TO SECTION 137 (1) HIGHWAYS ACT 1980

A second set of bail conditions were imposed. Lindis denies the alleged offence.

When returning to Otley past Menwith Hill Lindis was stopped twice by North Yorkshire police - once to check her car documents and the second time to search her car under the Terrorism Act 2000. Of course nothing was found and she was eventually allowed to leave.

This was an example of the police again using this Act inappropriately and usin it to clearly cause harrassment. Lindis will be writing to Della Cannings - Chief Constable of North Yorkshire police to express her concerns.

Lindis Percy has been arrested over 12 times since May this year, during the weekly Tuesday night demonstrations at NSA/USAF Menwith Hill. 

 

She has been charged four times (cases now in the courts) and the other times she has been immediately released from custody because the Custody Officer has refused to accept her detention.  This was because of the spurious reasons for arrest, abuse of power and serious mistakes made by Ministry of Defence Police Agency (MDPA) officers.

 

This week, Lindis was arrrested by Chris Gage (PC) after about 20 minutes into the CAAB weekly demonstration for allegedly 'obstructing a police officer in the execution of his duty' (ie allegedly 'obstructing' the view of the traffic MDPA officer directing traffic coming out of NSA/USAF Menwith Hill).  Lindis absolutely denies this accusation. 

 

She was taken to Harrogate Police Station.  Chris Gage told the Custody Officer (Simon Smith - North Yorkshire Police) that he had arrested her because she had been warned several times that she was 'obstructing' the traffic officer.  When asked by Simon Smith  what powers the arresting officer had used to arrest Lindis, Chris Gage said 'section 25' (prompted by the Custody Officer - to which Lindis strongly objected)  of the Police and Criminal Evidence Act 1984 for 'failing to comply with directions given by a police officer'.   The police however,  have no powers under this Act to affect an arrest and Lindis  was immediatly released (within 10 minutes of arriving at Harrogate Police Station).  She returned straight away to Menwith Hill to join in the rest of the demonstration.

 

It was with deep concern that we  noticed at the end of the demonstration  that Barry Frost (Inspector MDPA) was also present at Menwith Hill during last Tuesday evening. 

 

Barry Frost was the MDPA officer who made up a serious allegation that Lindis had assaulted him (at Fylingdales some years  ago).  Leeds Crown Court overturned the conviction. 

 

Barry Frost assaulted Lindis at MHS Forest Moor in 1991 when he was a Sergeant at this base. The complaint she made against him was substantiated by the Police Complaints Authority.  Barry Frost was then  promoted to Inspector.

 

This officer is now apparently overall in charge of the Divisonal Support group (MDPA) in York who now regularly attend the Tuesday night demonstrations.  It was abundantly clear who had instigated the arrest of Lindis last week.

 

Lindis will be adding this lastest unlawful arrest to the growing number of arrests she has been subjected to and which she is  taking out a civil action against the Ministry of Defence Police Agency.  A pending action is now in the hands of her solicitors.

 

PLEASE NOTE:  We have struggled for over four and a half years to uphold the right to protest during the weekly CAAB organised demonstrations at Menwith Hill. 

 

We ask that people come and support this struggle - the prime reason however, we are there every Tuesday evening is to  convey to the people working on this American base that there are those of us who are deeply concerned as to the roles and functions of NSA/USAF Menwith Hill.

 

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The 'Menwith Shuttle' bus journeys to and from NSA/USAF Menwith.  Only people working or connected with the base are allowed to use this service.

 

Not for the first time, and as a protest to the people who work on or live on the base, Lindis Percy peacefully boarded  the 'Menwith Shuttle' bus in the middle of Harrogate town.  She immediately said to the 16 or more people (US civilians and military) on the bus that she was a peaceful protestor who wanted to say that she and a growing number of people opposed what Menwith Hill and the US Visiting Forces in the UK were engaged in. 

 

While waiting for the police to arrive and holding the upside US flag with 'INDEPENDENCE FROM AMERICA' boldly written on it,  Lindis kept  quietly talking to them for over 20 minutes.  Among the issues Lindis talked about were the American Missile Defense System, the role and function of Menwith Hill, the dangerous and disasterous foreign policies of the Bush regime, the Afghanistan/Iraq invasion and aftermath, the hegemony of the US, US Visting Forces, the tearing up of Treaties by George W Bush, the Republican Convention, the use of the US flag by CAAB etc.  She also invited people to join in while waiting for the police to arrive.  Everyone kept silent and the protest was very peaceful.

 

No officer from North Yorkshire Police (NYP) in Harrogate came and it was over 20 minutes before two NYP officers came all the way from Menwith Hill.  Lindis immediately got off the bus.  No action was taken by NYP as she had committed no criminal offence. 

 

This protest highlighted many serious issues because of the presence of the US Visiting Forces in this country and the role and function of Menwith Hill.

 

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The outcome of the application by Lindis Percy (see CAAB report from Tuesday 17 August 2004 - last week) on Monday 23 August 2004 was that the Magistrates at Harrogate Court varied the bail conditions to come in line with the bail conditions already imposed on Lindis - ie not to cross the 'yellow line' or go with 5 metres of the circumference to Menwith Hill (the exact wording not to hand).

The regular Tuesday CAAB demonstration happened as usual tonight. Within 8 minutes of arriving Lindis was immediately arrested by PC Godfrey of the Ministry of Defence Police Agency for allegedly breaching the bail conditions of 15 metres. No amount of protest from us could persuade the MDPA that the previous bail conditions of 15 metres had been varied only yesterday to within 5 metres.

Lindis was immediately taken to Harrogate Police Station where Sergeant Marchant (PS 412) (see previous report) refused to listen to any representations by Lindis. Had it not been for a forceful phone call from Anni Rainbow who advised the officer that 'it is not in our interests not to tell the truth' and what Lindis was saying was true about the varied bail conditions, Lindis would have been detained overnight to appear at Harrogate Magistrates' Court the next morning. She was detained for about an hour and a half before the police checked their computer.

It is beyond belief that the Ministry of Defence Police Agency and Sergeant Micheldine could be so incompetent. This is particularly after the police imposed bail conditions that actually gave Lindis permission to enter within 15 metres of MH - the word NOT having been omitted.

Humberside Police went to Lindis's address in Hull on Saturday with new bail conditions but she was away for the weekend.

Lindis will now bring a civil action for unlawful arrest, detention and assault against this unaccountable police force.

NB: Ministry of Defence Police Agency officers who work on US bases are paid for and under the operational control of the US authorities.

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Alleged breach of bail again

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Report on Annual Independence FROM America Day Demonstration

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Detained again

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Within a very short time of arriving at the weekly Tuesday demonstration at USAF Menwith Hill, Lindis Percy was (for the fourth week running) arrested for allegedly breaching the 'warning' s.69 'aggravated trespass' (Criminal Justice and Public Order Act 1994).

Lindis was taken to Harrogate Police Station (HPS) and detained for a very short time before being bailed to return to HPS on 16 June 2004.  This matter will be added to the three other similar arrests.  Lindis will answer to bail to find out what the CPS intend to do.

The weather is getting better!  If you turn your back to the base the scenery is wonderful and after all the demonstration is only for 2 hours a week!  You can stay as long as you like but....please come!

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CAAB report on two more arrests at Menwith Hill

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CAAB report on more arrests at Menwith Hill

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CAAB report of another spurious arrest at Menwith Hill

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Latest Planning Applications at NSA Menwith Hill

Here are the latest NOPD's (Notice of Proposed Developments) at NSA Menwith Hill received by Harrogate Planning Office as from 26 March 2004:

• 6.90.179.F.CROWND - 2 x lighting columns to Skate Park
• 6.500.224.G.CROWND - Cycle Shelter [came in on 27 Feb and got missed somehow ... but seems insignificant!]
• 6.500.273.A.CROWND - Temporary Antenna Installation [came in on 2 March]
• 6.500.164.B.CROWND - 3 x Generating Units and Control Room [came in on 5 March]

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CAAB report on Menwith Hill Blockade

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CAAB demonstrated at NSA Menwith Hill, on the evening of the day that the Director of Public Prosecutions dropped the case against Katharine Gun - the former translator who worked at GCHQ. She was accused of disclosing a request allegedly from a US National Security Agency official. The request was for help from British intelligence to tap the telephones of UN security council delegates during the period of intensive diplomacy before the illegal US/UK invasion of Iraq.

We went to NSA Menwith Hill in solidarity with and in support of Katherine Gun who courageously spoke out. We held two upside down US flags with the words:

WELL DONE! KATHARINE GUN
and
THANK YOU! KATHARINE GUN

The world desperately needs more whistle blowers like Katharine Gun.

GCHQ operates at NSA Menwith Hill.

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The day started with Lindis in the witness box giving evidence.  She took the Magistrates' through the video recording, up to the point when she was arrested.  Robert Moore (CPS) then cross examined Lindis and seemed to seize on one incident when a car was stopped by Lindis standing in front of it.  She was holding an upside- down US flag with the words 'INDEPENDENCE FROM AMERICA' written on it.  Robert Moore timed this incident and found that the car was held up for 20 seconds.  The demonstration was peaceful and ordered.

 

Taking the Quaker 'affirmation', Anni Rainbow gave evidence and was questioned by Lindis.  Anni told the Magistrates that this  was one of many demonstrations that had been held every Tuesday evening for over 3 years.  The 'policing' however was often very different from week to week.  How the demonstration was 'policed' seemed to depend on which MDPA shift was on.  It was usually without conflict when North Yorkshire Police were present.

 

Anni gave evidence that she had been summoned for a similar offence  after being 'reported with a view to prosecution' later on at the same demonstration and after Lindis had been arrested.  A few days before the first hearing, Anni received a letter from the CPS informing her that the case would be discontinued and  'no further action' would be taken as to continue would 'not be in the public interest'.

 

After Anni's evidence and cross examination by Robert Moore (CPS), Lindis referred the Magistrates' to the case of Hirst and Agu v West Yorkshire Police QBD 1984 and other authorities. 

 

Robert Moore replied to the legal arguments - and again cited  the '20 second' incident.  

 

Lindis then summed up her case - emphasising the importance to maintain the balance of the right to protest and the free flow of traffic.  She carefully went through the High Court case and particularly drew the Magistrates' attention to a quote by Lord Denning:

 

"....Here we have to consider the right to demonstrate and the right to protest on matters of public concern.  These are rights which it is in the public interest that individuals should possess:  and, indeed, that they should exercise without impediment so long as no wrongful act is done.  It is often the only means by which grievances can be brought to the knowledge of those in authority - at any rate with such impact as to gain a remedy.  Our history is full of warnings against suppression of these rights.  Most notable was the demonstration at St Peter's Fields, Manchester in 1819 in support of universal suffrage.  The magistrates sought to stop it.  Hundreds were killed and injured.  Afterwards the Court of Common Council of London affirmed 'the undoubted right of Englishmen to assemble together for the purposes of deliberating upon public grievances'.  Such is the right of assembly.  So also is the right to meet together, to go in procession, to demonstrate and to protest on matters of public concern...."

 

The Magistrates adjourned for about 2 hours and returned with their decision.   The alleged obstruction of 20 seconds did  pass the test of 'de minimus'.  The case brought by the Crown was not proved and was therefore dismissed.  Lindis was awarded costs.

 

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Lindis Percy was arrested and charged re the above alleged offence at the weekly CAAB demonstration at NSA Menwith Hill last year.

 

The case of Hirst and Agu v Chief Constable of West Yorkshire  (QBD Lord Justice Glidewell and Mr Justice Ottan (1986) - obstruction of the highway) was central in the protest and trial - involving the balance between the right to protest (Article 10 Human Rights Act 1998) and the right to pass and repass on the highway - ie the free flow of vehicles coming out of the American base at Menwith Hill (unless the obstruction is so small that it comes within the 'de minimus' rule).

 

Lindis defended herself.  The case came to trial in October last year but because of the obstructive behaviour of Simon Ostler - Crown Prosecution Service (CPS) when he refused to disclose some of the  'unused material', the case had to be adjourned on the day of the trial.  Eleven Ministry of Defence Police Agency (MDPA) had been  called by the CPS.

 

The court granted legal aid so that Lindis could be represented in the hope that the documents would be disclosed.

 

When Lindis arrived in court on Monday, she was told that the Solicitor who was to represent her was ill and the firm was unable to send anyone else.  The choice was then either for the case to be adjourned yet again or that Lindis defend herself.  She had no papers as they were with the Solicitor's firm in Leeds.  She had not seen the papers since the aborted trial in October.

 

Lindis decided to go ahead with the case. The papers duly arrived from Leeds.  Eight MDPA officers gave evidence and were cross examined by Lindis.  One MDPA officer had been flown back from duties in Kosovo especially to give evidence.

CAAB has organised a weekly witness and protest against the American Missile Defense system ('Star Wars') at the Main entrance to NSA Menwith Hill Station (MHS) for over a year. Anni Rainbow and Lindis Percy (Joint Co-ordinators of CAAB) went on Tuesday evening as usual to MHS to attend the weekly protest.

As soon as they arrived two Ministry of Defence Police officers met them to say that 'there was going to be robust policing tonight'. About 12-15 MDP officers were suddenly present at the Main entrance to the base and clearly something very different to the usual protest was about to take place.

Anni was immediately informed by Barry Frost (Inspector MDP) that she was committing an offence of 'aggravated trespass' (s.69 of the Criminal Justice and Public Order Act 1994) and read out a warning to her which says that if she returned to the land within three months she would be arrested. She was told that she had to go back behind a yellow line that suddenly appeared on the ground last year. If she did not she would be arrested. Anni said that she 'preferred not to' and was arrested by PC Mackenzie.

In the meantime Lindis was roughly manhandled by several MDP and told that she had to get back beyond the 'yellow line'. This line has been disputed by Lindis and Anni ever since it appeared. Lindis was also eventually arrested under section 69 CJPO Act 1994.

It was particularly distressing that both Barry Frost and John Quinn (Sgt MDP) were involved in this latest manipulation of the law by the MDP on behalf of their American clients. Barry Frost has a substantiated complaint of assault against Lindis and recently brought a spurious case of assault against her and John Quinn has a conviction of assault against her.

What happened last night is serious in that the MDP have it seems, been clearly instructed by the American authorities to 'do' something about the protest. Increasingly the use of the US flag with 'Stop Star Wars' written across the flag and the inconvenience to those coming in and out of the base is possibly an irritant to them.

The use of this particular law (instead of the military land byelaws which has been used many times by the MDP and not allowed to come to court in order to prevent a challenge) is a cynical move by the MDP to use a law which, when brought in was never meant to be used re peaceful protest. Section 69 in particular is draconian.

Anni and Lindis were eventually charged with the alleged offence (s.69 CJPO Act) and bail conditions imposed:

'Not to go within 200 meters of RAF Menwith Hill Harrogate North Yorkshire.'

Having given careful thought to a necessary response to the clear manipulation of the law by the MDP Anni and Lindis decided to go straight back to the base. They parked by the base and had a Quaker Meeting for Worship in Anni's van before two MDP arrived and arrested both of them for 'breach of bail conditions'.

They were kept in Harrogate Police Station over night and taken to Harrogate Magistrates' court the next morning (Wednesday). The Crown Prosecutor made an application that the Magistrates' reimpose the same bail conditions - however Lindis and Anni opposed this by arguing that the need for the Magistrates' to hear the background to the sudden change of plan, protest by the MDP, 'aggravated trespass was not brought in to be used against peaceful protest, the right to protest (Human Rights Act 1998) was violated, and in any event bail conditions must be certain. When asked by the Magistrates' what bail conditions did Lindis consider to be appropriate she suggested 'bail with no conditions'.

After some discussion the Magistrates' returned to the court and agreed that the bail conditions which the CPS had applied for were 'unenforceable' and 'excessive'. Giving their reasons to decline to re-impose the bail conditions they ruled that it was important to recognise the right to peaceful protest.

The lack of facilities in detention and court for Anni made her time in custody extremely difficult. Group 4 (security firm) at Harrogate Magistrates' Court arrived at a solution when it was clear that Anni could not get up a flight of stairs in her wheelchair to enter the court. It was suggested by Dave (Group 4 officer) that the Magistrates' might come to the detention cells to hear the case. Anni and Lindis pointed out to the detention officer that cases had to be heard in open court unless under exceptional circumstances.

A sensible decision was made eventually by Dave of Group 4 that Anni and Lindis be released from detention. They could then go into the court by the usual way. This is in fact what happened.

Lindis and Anni appear at Harrogate Magistrates' court on 7 March at 10am . It is even more important than ever that as many people support the weekly demonstration at MHS. It is perhaps the first indication that protest against AMD will be made more difficult with the use of the law to control and stifle peaceful. protest.

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On the evening of Wednesday 10 January 2001 Lindis Percy and Anni Rainbow (Co-coordinators of the Campaign for the Accountability of American Bases(CAAB)) quietly obstructed traffic going in and out of NSA Menwith Hill for approximately two hours.

Lindis held an American Stars and Stripes flag bearing the words 'STOP STAR WARS' and walked backwards and forwards across the Main Entrance. She was warned that she would be arrested for Obstruction of the Highway under Section 137 of the Highways Act 1980 if she continued. She was not arrested.

Anni spent some time trying to get past the MOD guards at the entrance barrier in an attempt to convey the message to the US military. She was warned that if she continued she would be arrested under Section 68, Criminal Justice and Public Order Act 1994 for the offence of Aggrevated Trespass (on instruction from 'higher up'). She was not arrested.

Anni also sat by the exit barrier holding a flag similar to the one Lindis was holding. While she was there the MOD guards would only let vehicles out of the base in batches of three.

On this occasion neither Lindis nor Anni were arrested although charges have been brought against them previously for similar actions. An MOD police officer agreed that Anni was in breach of the Military Land Act Byelaws but although the Byelaws were in force he refused to arrest her for the admitted breach.

The action was part of CAAB's continuing campaign of protest against the American National Missile Defense (NMD) system. A formal request from the US Government to the UK Government for the use of NSA Menwith Hill (and Fylingdales) for NMD is expected. The new Spaced Based Infra Red System (SBIRS) satellite dishes/radomes at NSA Menwith Hill will be crucial to NMD.

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