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18 May 2004 |
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Lindis Percy was arrested for alleged breach of s.69 'aggravated trespass' (Criminal Justice and Public Order Act 1994) during the regular Tuesday evening
peaceful demonstration organised by CAAB. She was warned by Sergeant Harding (Ministry of Defence Police Agency) under s.69 not to 'trespass' on MOD land by crossing the yellow line that is painted across the entrance to Menwith Hill. Her actions were closely videoed all the time. CAAB believes that 'the yellow line' is not based in law and has tested the legality in the courts three times. At the last hearing, the District Judge ruled that the line was legal. He built into the ruling a margin of error distance of 18 inches as there was some dispute as to the exact 'boundary'. Lindis was within the 18 inches and therefore not in breach of any warning, when she was arrested by PC Mani Cheema who was clearly under instructions by Sergeant Harding (MDPA) to arrest Lindis - whatever. At Harrogate Police Station, Lindis insisted that the Custody Officer Sergeant Matt Walker (North Yorkshire Police) viewed the video before making his decision to remand her in custody overnight and appear in court the next day which he was going to do. Lindis was eventually released after several 'phone calls, including one by the Custody officer to David Ranson (Inspector MDPA at NSA Menwith Hill) who said they were not aware of the District Judge's ruling. She is bailed to return to Harrogate Police Station on 3 June when the video has been viewed by the Custody officer who will then decide whether to take no further action or charge Lindis. CAAB COMMENTS It is interesting to note that there were other demonstrators who were also 'crossing the line' -however no action was taken against them. At US bases in America a line is painted on the ground and severe action is taken if it is crossed - known as 'crossing the line'. This is not the practice in the UK. No action was taken by the MDPA concerning any offence committed under the 'RAF' Menwith Hill Military Land byelaws (Lindis was committing two, as were others). The officers did not want to enter into any discussion about the byelaws which CAAB knows are invalid. We are in the process of once again hoping to get this issue into the courts. It is incredible that the Ministry of Defence Police Agency only seem concerned as to whether 'the yellow line' is crossed rather than be concerned for example about the role of Menwith Hill in the American Missile Defense System. Please come and join us on Tuesday evenings - 6-8 pm. As the MDPA somewhat struggle to 'police' a demonstration with 7-8 protestors at any one time, it would be good if more people came!
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