http://www.thisisbradford.co.uk/bradford__district/otley/news/OTLE_NEWS3.html

Peace protester appeals as judge makes tagging order

A Menwith Hill protester is believed to be making legal history by becoming the first peace campaigner ordered to be electronically tagged.

Quaker Lindis Percy has escaped an anti-social behaviour order but has been ordered to wear the tag and observe a curfew after being found guilty of five offenses arising out of a protest at the US spy base, in which she held the American flag upside down.

But the peace campaigner had an 11th hour stay of execution when Group 4 arrived to fit the tag late on Tuesday night.

Mrs Percy said quick action by her solicitor meant the appeal had already been lodged and by the time the tag was due to be fitted the sentence was on hold.

And within hours of the court case she was back protesting outside Menwith Hill.

Mrs Percy, 63, a grandmother and health visitor, of Bellfield Avenue, East Hull, is the Joint Co-ordinator of the Otley-based peace group CAAB - the Campaign for the Accountability of American Bases.

The group have held a weekly protest outside the base for nearly five years, and in 2003 Mrs Percy climbed the gates of Buckingham Palace in protest at the visit of George Bush.

A veteran campaigner, Mrs Percy has been arrested more than 150 times, and already had fines totalling £3,600 when she appeared at Harrogate Magistrates Court on Tuesday.

An application for an ASBO was made, on behalf of the Crown Prosecution Service and the Ministry of Defence Police Agency, in April after Mrs Percy was found guilty of one offence of obstructing the highway and four of obstructing a police officer in the execution of his duty.

But the application was refused after District Judge Roy Anderson said the ASBO law had been introduced to combat oafish behaviour, bad language and graffiti -- not to stifle legitimate protest.

He stressed: "I am firmly of the view that 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 on matters of public concern."

He told the packed court that none of the incidents had been accompanied by aggressive behaviour, bad language or threats of violence.

He added: "She may, in the relentless expression of her views, be thought of by many as a fanatic and, I suspect, by some as a crank."

But he told the court she was entitled to express those views provided she didn't break the law.

His decision not to grant the ASBO application was met with applause from Mrs Percy's supporters who packed the court.

But there were shocked gasps when the tagging and curfew orders were imposed.

And there were cries of "shame" when the judge left the court as Mrs Percy tried to give her reaction to the sentence.

The decision not to put an ASBO into place was taken after legal arguments.

Mrs Percy's solicitor Richard Reed told the court when the legislation was introduced by Jack Straw it was never intended to cover cases such as hers.

"Never was it envisaged that ASBOs would be applied to stem legitimate and peaceful protest," he said.

He asked for a financial penalty or an absolute discharge. But the tagging order was imposed after Judge Anderson said Mrs Percy had indicated that she would not comply with a non-custodial sentence.

He ordered her to be tagged for eight weeks and to observe a curfew at her home between the hours of 8pm and 6am. He also ordered her to pay costs of £1,000.

Speaking outside the court building Mrs Percy said: "I am very pleased that he didn't grant the ASBO, because that would have been an abuse of the legislation."

But she spoke out against the sentence which has been imposed on her.

Mrs Percy, who said she was not aware that any other peace campaigners had been tagged, said: "I think it totally inappropriate and deeply offensive. But you cannot suppress the human spirit."

She added: "As far as I know it is the first time a peace campaigner has been tagged. It is a satellite thing -- so presumably it will go via Menwith Hill."

Mrs Percy told the judge: "I think you are totally wrong to do this. This is politics, it is really playing with it all. It is wrong to tag someone in these circumstances."

After the hearing she said she would abide by the order.

"I take these things very seriously. This campaign is about being responsible. But we will get an appeal going as soon as possible."

Posted Thursday 19 May 2005

 http://www.thisisbradford.co.uk/bradford__district/otley/news/OTLE_NEWS3.html

Dont know why, but I was slightly surprised to read here that, within hours of the court conviction, Lindis was back on the protest at Menwith Hell, on appeal. Remarkable.
All credit is due to Lindis, Annie and the peace camp women and quaker friends that attend the tuesday protests. More power, of a peaceful kind, to them.
They hold our courage in their hands. Hopefully, now, after this court case and high profile, more people will make a small effort in an attempt to turn out occassionally and join them.
Elsewhere and likewise, good to hear information of Brian Haws' continued "Anti - war on Iraq" protest in Parliament Square, London.
Hopefully too, the Peace Camp at Faslane, Scotland, is still thriving.

Thankyou All.

Part time Pete.

We appealed immediately after the court case - having sent the appeal papers through to Securicor. They arrived at 10.20 pm with their equipment to tag (how humiliating and awful). I declined to be tagged and showed them the appeal papers but they couldn't go ahead anyway because the date of birth on the Court Order was wrong.

The Campaign for the Accountability of American Bases (CAAB) is outside the main entrance to NSA Menwith Hill every Tuesday evening (6-8 pm). It's lovely and light now we are through Winter and into Spring - the Dales are stunning (if you turn your back to the base)....

THIS SHOULD BE AN EXPERIENCE.....

The next demonstration CAAB will be organising is the Annual 'Independence FROM America' demonstration on Monday 4 July 2005 12 - 4/5 ish. SCOTT RITTER is the speaker (former UN weapons Inspector is coming over from America especially for this demonstration. CHUMBAWAMBA (Acoustics) is also coming. If you aren't or can't go to the G8 Summit in Scotland please come on 4 July...

Lindis Percy and Anni Rainbow
Joint Co-ordinators - CAAB
www.caab.org.uk

Lindis Percy has undoubtedly done some excellent work on behalf of caab. But is the work of a common criminal who has been convicted of assault the right person to continue doing work for peace?

'Athelred' needs to know that my mother's conviction for a spurious allegation of common assault by a senior serving Ministry of Defence Police Agency Officer was quashed on appeal at York Crown Court. She has no convictions for assault. She has been subjected to many malicious allegations over the years but she remains a peaceful, non-violent and brave campaigner working on behalf of us all.

It is such a shame that Athelred did not visit the CAAB site and read the reports on the alleged assault case he refers to. Had he/she done so it would have saved Lindis Percy a great deal of distress at being publically referred to as 'a common criminal with a conviction of assault'. As her daughter rightly points out the spurious allegation of common assault was quashed on Appeal at York Crown Court (for details of alleged incident, trial and appeal see www.caab.org.uk CAAB Reports).

I have known and worked with Lindis for over fifteen years and know her to be a highly principled woman deeply grounded in non-violence and the Quaker traditions of peace. During those years I have witnessed acts of violence against her by members of the Ministry of Defence Police Agency and the US Visiting Forces but have never seen her retaliate in kind ... it is not her way.

Lindis will undoubtedly continue working for peace as long as she lives and I shall be honoured to continue working with her.

Anni Rainbow
(Joint co-ordinator of CAAB)