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ASBO used against peace campaigner

court reporter | 18.04.2005 20:39 | Anti-militarism | Sheffield

After misusing the Prevention of Terrorism Act to intimidate a handful of people keeping vigil outside US Spy base Menwith Hill the Ministry of Defence Police are now trying to use an Anti Social Behaviour Order (ASBO) to restrict the freedom to protest of one woman and a flag.

Menwith Hill is the most secret US base in Britain. It's unaccountable, unlawful and undemocratic. It's integral to US plans to fight in and through space. It's the world's largest spy base and it's getting bigger.

Every Tuesday evening, from 6 until 8, there is a vigil outside the main entrance to the base. Throughout the freezing winter months the vigil has often been maintained by just two people – Anni Rainbow and Lindis Percy. Operating within defined legal rights (as defined in the case of Hirst and Agu v Chief Constable 1986) Lindis has quietly and safely stood in front of vehicles for about five to ten seconds holding an upside down US flag. In spite of this she has been regularly arrested and earlier this month Anni and Lindis attended a hearing at Harrogate Magistrates' Court in respect of these charges.

Having been found guilty of 5 offences (1 x 'obstruction of the highway' and 4 x 'obstructing a police officer in the execution of his duty') Robert Moore (Crown Prosecutor) made an application, said to be on behalf of the Ministry of Defence Police Agency and North Yorkshire Police, for an Anti-Social Behaviour Order (ASBO) against Lindis Percy.

Robert Moore (CP) said he did not have to call any witnesses to give evidence in support of the damming application against Lindis. District Judge Roy Anderson said that on the evidence he had heard and looking at the list of convictions Lindis has he did not want to hear any more evidence. He agreed only to paper references that could be submitted on behalf of Lindis.

When ASBOs were introduced by Jack Straw in 1999 he said “Their purpose is to target activities which disrupt the lives of individuals, families or communities.” On Tuesday nights at Menwith most people who live there choose to leave the base by another exit. The handful of cars that chose to pass by Lindis and wait for a few seconds while she displays her message can hardly claim that their lives are being disrupted.

At recent vigils the Ministry of Defence Police Agency has used the Prevention of Terrorism Act as an excuse to search cars of people who are obviously there for a peaceful protest. As we are seeing with the events at EDO in Brighton, this is another case where peaceful legitimate protest is being ruthlessly attacked by using powers that were never agreed for that purpose by Parliament.

court reporter
- Homepage: http://cndyorks.gn.apc.org/caab/index.htm

Comments

Hide the following 7 comments

Anti people power

19.04.2005 00:46

So, an Anti - Social behaviour order for obstructing the continually acrimonius modps in the obstruction of their duty to the defence of the realm and Fuhrer Bush.
What are THEY AFRAID of, ( the Robert Moores of this world?) The TRUTH....I suspect.

Onlooker


An intolerable use of ASBOs

19.04.2005 10:23

It would be a disgrace if an ASBO were issued in this case, as campaigners have constantly said, this base has no accountability. Other US bases in our country also have no accountability, why should protests against US occupation of British territory be described as "anti social behaviour", when the US bases are not held accountable for their actions?

A Logical Voice
- Homepage: http://logicvoice.blogspot.com/2005/04/intolerable-use-of-asbos.html


ABUSE OF ASBOs

19.04.2005 14:03

Notting Hill Housing Trust tend to abuse their power as they tend to abuse the application to obtain ASBOs.

It appears that the tactics of the management of Notting Hill Housing Trust set tenants up that they want to unlawfully evict. Many good tenants are being framed in a very deceitful way.

Watch out

mark simons
mail e-mail: m.simons@hotmail.com


misuse of ASBOs

19.04.2005 17:27

This is where we should be concerned about the serving of ASBOs, a pity that ASBO Concern has lost the plot.

 http://www.indymedia.org.uk/en/2005/04/308937.html

Keith


Menworth Hill

20.04.2005 14:11

Of course places like Menworth Hill should be closed. All spying by the State against its citizens should be banned. Every citizen or visitor to the UK should have the right to communicate freely without fear of being observed or overheard.

I mean what is the world coming to when terrorists face a very real chance of getting caught if places like this are allowed to remain open.

Close Menworth - protect the right to plan attrocities

Me


Keep sleepwalking, 'Me'

20.04.2005 18:26

Trouble with your irony is
The National Security Agency runs Menwith, and this agency heads up the CIA and the Feds and the US Secret Service, as well as linking in with its partner or client agencies in British MI, ISI, Mossad and all the others through the world.
Now Menwith is also heavily involved in the "Star Wars" project which is about space bound global hegemony reflecting the PNAC programme for global dominance being enacted by the neo-con authors, aided and abetted by the criminals in the UK and other Western and client governments
Now as you acknowledge, another fuction of Menwith is surveillence.
Now you erroneously suggest that what they are tracking are terrorists. Well that's true except that most of the major acts of terrorism, along with the wars they are intended to create, originate from the NSA and their client and partner agencies as mentioned, and in concert with certain elements in the military, governments, corporations etc etc.
So they've actually no need to spy on themselves or their own.

What Menwith Hill is about is the electro-magnetic and Total Information Awareness arm of the imposition of the surveillence and control grid which is intended to keep the population subdued and compliant whatever happens.

Hence the Asbos the anti-terrorist laws,the Control Orders, the street and road cameras the suspension of Habeus Corpus and the 'rights' enshrined in the Magna Carta, and when the criminals are shortly re-elected, the ID card, which will soon be superceded by the subdermal chip, thousands of which have been voluntarily taken by gormless idiots for as petty a reason as to get into some godawful night club.

And whatever the intentions of the moronic braying herd that make up the majority of parliament, the 'misuse' of these powers is exactly the use to which their originators intended them to eventually be put.

If they decide they want you, they can get you for virtually anything, not least for speaking your mind, never mind protesting in public places against vitals tools in their armoury. Hence the Asbo application against Lindis.
What's the outcome,btw, do we know yet.

"The lie can only be maintained for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of it's powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth becomes the greatest enemy of the State."
Dr. Joseph M. Goebbels,

dh


update

24.05.2005 02:26

 http://www.ypn.co.uk/ViewArticle2.aspx?SectionID=55&ArticleID=1028857

BRITAIN'S best-known peace campaigner yesterday escaped being banned from holding weekly protests outside a United States "Star Wars" base in North Yorkshire – but instead will have to wear an electronic tag.
Ministry of Defence police and the Crown Prosecution Service had applied for a 10-year anti-social behaviour order to prevent Lindis Percy from demonstrating outside the signals intelligence station at Menwith Hill, near Harrogate.

But district judge Roy Anderson, who said Percy had a right to protest within the law, said ASBOs should not be used "as a club to beat down the expression of legitimate comment".
He imposed an eight-week curfew order on the 63-year-old grandmother from Bellfield Avenue in Hull, who has been arrested more than 200 times during 25 years of campaigning.

Rejecting the ASBO application, Judge Anderson said: "I am firmly of the view courts ought not to allow anti-social behaviour orders to be used as a club to beat down the expression of legitimate comment and the dissemination of views of matters of public concern."

The midwife, who now works part-time as a health visitor with Bradford City Primary Care Trust, was convicted by Judge Anderson on one count of obstructing the highway and five of obstructing a police officer after a five-day trial at Harrogate Magistrates' Court last month.

Yesterday her solicitor Richard Reed said ASBOs were never intended to be used to stem legitimate and peaceful protest. He told Judge Anderson that lay magistrates at Harrogate had previously dismissed another highway obstruction charge against Percy and she had continued in the belief her actions were legal.
Percy had demonstrated at the main entrance to Menwith Hill every Tuesday for five years. He said nobody has been caused distress, harassment or alarm. Disruption to Americans leaving the base had been limited. "This was not something that ASBOs were designed to prevent."

Judge Anderson said: "The ASBO was introduced to combat oafish behaviour, such as daubing graffiti, drunkenness and the use of abusive and intimidating language." There was no such evidence against Percy.
"She has previous convictions but they all seem to relate to her activities as a peace campaigner. She may, in her relentless expression of her views, be thought by many to be a fanatic and, I suspect, by some to be a crank. Nevertheless, she is entitled to express these views unless she breaks the criminal law."
After hearing that Percy was already paying fines totalling £3,000 at £5 a week, Judge Anderson rejected Mr Reed's request for an absolute discharge and ordered her to pay £1,000 prosecution costs.

Outside court, Percy, who must be at home in Hull between 8pm and 6am, said there would be an immediate appeal.
The co-founder of the Campaign for the Accountability of American Bases said: "This is political. This is all about Menwith Hill. This is about the American bases in this country and what the Americans are doing."
She will continue to oppose the use of Menwith Hill and RAF Fylingdales early warning station on the North York Moors, which are part of George Bush's plans for the Star Wars missile defence system
As supporters pledged to continue the Tuesday night demonstrations, she added: "If any good comes from this case I hope that more people will get involved with what's happening at Menwith Hill."

steve