|
6 July 2004 |
|
The contentious issue of bail conditions reared its ugly head once again at this week's Tuesday evening CAAB protest outside USAF Menwith Hill.
Lindis Percy was arrested within under half an hour of arriving at the demonstration by Vanessa Edwards (Ministry of Defence Police Agency (MDPA) officer
from Divisional Support Unit York) for allegedly breaching the 5 metre exclusion condition at the Main Entrance and round the base.
Bail conditions were imposed by the police after Lindis was charged under s.69 'aggravated trespass' (Criminal Justice and Public Order Act 1994) - not to cross
the yellow line or go within 15 metres of the perimeter fence or circumference of Menwith Hill - see previous CAAB report. These were varied to 5 metres on 22 June 2004 by Harrogate
Magistrates as with these conditions she could not demonstrate or attend the regular Quaker Meeting for Worship. Acting Sergeant Sheehan (with the help of Lindis) measured a 5 meter
distance with a tape measure.
On Tuesday 27 June Lindis went to Harrogate Court to make an application to vary the bail for the '4 July Independence FROM America' demonstration. The
appropriate file was not in court therefore no application could be made.
A new hearing was set for Thursday 29 June. She had to leave at the end of the day because of an appointment. Another hearing was listed for the next
day.
Lindis made the application herself but the Magistrates decided to refuse it as 'nothing had changed' to justify a variation. She was concerned that because
of the confusion re the precise distance by some police (MDPA and Home office police) she would be spuriously arrested again.
At the 4 July demonstration Lindis was careful to keep within the 5 metre condition. She was then suddenly told by a senior officer that the bail conditions were
to be relaxed. She was allowed to freely walk within the 5 metres of the base throughout the whole demonstration, even though the Magistrates had not allowed her application to remove
the 5 metre distance of the bail conditions.
On Tuesday evening ( 7 July ) at the regular CAAB demonstration Lindis was again careful not to be in breach of bail conditions. She had noticed when
Anni and she had arrived that there was a police van parked by the Main entrance with the doors open.
Lindis was suddenly told by Sergeant Thomas (MDPA) a new distance of the 5 metres had been decided. It seemed that the 'goal posts' had been moved once
again. She continued to demonstrate and was subsequently told that the bail conditions applied to a where a cone had been placed. Again the 5 metre distance had been changed.
Lindis was suddenly arrested after Vanessa Edwards (MDPA) said she was in breach of the bail conditions and Lindis continued to walk within the initial distance
which had been measured with a tape measure by Acting Sergeant Sheehan on 22 June.
The whole incident was carefully video recorded by PC Mike Finlinson - the MDPA 'Evidence Gathering' officer for the night. It was also all recorded on a
static CCTV camera.
Lindis was taken to Harrogate Police Station and held overnight to appear in court the next morning for alleged breach of bail. She denied that she had,
bearing in mind that since the imposition of these bail conditions, the length of the 5 metres had been changed four times.
On Wednesday 8 July Lindis was kept in Harrogate Magistrates' Court cells from 9.15 am until 2.30 pm when the case finally came to court. The recording
taken by Mike Finlinson was shown to the court. In the video Vanessa Edwards was heard to say that Lindis was in breach of her bail conditions and that she had breached them again by
returning back. The Magistrates ruled that Lindis had been in breach of the 5 meter condition because of what they heard on the video. They had no choice but to come to this decision.
No where on or off of the video was Lindis told that an arrangement of 4 traffic cones was where the bail conditions now applied.
The Magistrates however were clearly troubled by what they had heard and decided that the whole question of the confused bail conditions must be
reassessed. Lindis was released with the same 5 metre bail condition and there will be another hearing next week.
COMMENT
We need as many people as possible to come to the weekly demonstrations to support the right to protest. There seems to be another deliberate attempt to
stop these demonstrations at USAF Menwith Hill.
It would be so supportive if as many people as possible came - in coaches, mini-buses, cars, bikes or walk! ....... ON TUESDAYS FROM 6PM - 8PM, MAIN ENTRANCE,
USAF MENWITH HILL
|
|
|
