|
Northampton Magistrates' Court
Pre-trial review R v Lindis Percy
Friday 26 September 2003
Alleged offence - USAF Croughton
26 March 2003
S.68 'Aggravated trespass' (Criminal Justice and Public Order Act)
|
|
This was the second of two pre-trial reviews before District Judge Freil. We had asked for a list of disclosures from the CPS. The hearing was about whether or not the District Judge would allow these documents to be disclosed to the Defence. The arguments centred round the 'justicability' of the court and the 'lawfulness' of the US security forces personnel. Simply put, our defence is that the activities of USAF Croughton are illegal because they played/play a crucial role in the issue of the invasion of Iraq; therefore the US security personnel are acting unlawfully. The list included a request for the Attorney General's ruling on the legality of the invasion of Iraq, the activities of USAF Croughton and various other documents connected with the 'lawful' activities of this base and the 'lawfulness' of the US security forces personnel. District Judge Freil ruled against the Defence saying that the documents were irrelevant to the case. The issues must be confined to whether the activities of the US security personnel were 'disrupted' or not (one of the elements of s.68) during the incident. A very short section (about 30 seconds) of a CCTV recording of the incident was finally produced in the afternoon by the CPS (Mr Blair - Barrister acting for the CPS) with Mr Nusspickel (US Security Forces Operations Superintendant at USAF Croughton and a witness) standing by to explain the video. Razza Hussein (Defence barrister) applied for a copy of the US security forces personnel 'respective orders and standard operating procedures' (as mentioned in the witness Statement from the RAF Liaison officer at USAF Croughton - Flight Lieutenant Richard Harwood). Mr Blair said that the CPS had applied for a copy of this document from the 'third party' (US authorities) and this had been refused. He said that one of the options for the Defence would be to make a request for this document under the US Freedom of Information Act which would probably take up to 4 - 6 weeks. Even then, Mr Blair thought that this request would probably be denied. After taking instructions for Lyndon B James (British solicitor based at USAF Mildlenhall and who has followed Lindis round the courts over the years), an American from the base, an American from USAF Mildenhall and a British observer from the base - these four sat at the back of the court all day) Mr Blair said that possibly something could be produced by Monday (the next hearing). We return to Northampton Magistrates' Court on Monday 29 September at 10 am when this document may be produced. The trial of Lindis Percy will then start. It was extremely disappointing that despite alerting the press, there were no reporters in court. The case was heard in Court 5 - a court tucked away in Northampton Magistrates' Court. Thank you to the Ffriends who came to support. |
|
|