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ASBO defeated: tag and curfew imposed

  • Anni/Lindis/PN
    A bigger court had to be made available to accommodate everyone when, on 17 May, supporters came to Harrogate Magistrates' Court to hear District Judge Roy Anderson sentence Lindis Percy following her five convictions - given on 14 April - for protesting at Menwith Hill (see CAAB Report no 168 and PN2461).
    At the hearing the judge would also decide whether to grant an application for an Anti-Social Behaviour Order (ASBO), ostensibly applied for by the Ministry of Defence Police Agency (MDPA) and North Yorkshire Police (NYP).

    ASBOs as a weapon

    At the start of the hearing, Anderson decided he would rule on the application for the ASBO first.
        Defence solicitor Richard Reed immediately reminded the District Judge that he had previously said, when making his decision concerning the application, that he would be "striking the excesses of the ASBO application from his mind".
        In his ruling Roy Anderson said "...None of the incidents was accompanied by aggressive behaviour, abusive language or threats of violence [...] she is entitled to express these views unless she breaks the criminal law of this country. I am firmly of the view courts ought not to allow ASBOs 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 refused to grant the ASBO application. At this, there was spontaneous applause from supporters. The District Judge wryly thanked those applauding for their approval.

    Where's your hoodie?

    However, Anderson then went on to sentence Lindis for her five April convictions (one offence of "obstruction of the highway" and four of "obstruction of a police officer in the execution of his duty") and, in a surprise decision, ordered her to be electronically tagged and to be curfewed in her home from the hours of 8pm to 6am for a period of eight weeks. The prosecution also asked for total costs of #2500, though the court ordered Lindis to pay #1,000.
        Lindis felt moved to quietly and politely respond to Roy Anderson's decision. He refused to listen and left the court to a dignified chorus of `"shame, shame, shame".
        Later that day the defence team faxed an Appeal to York Crown Court against the convictions and sentence. Both are now "on hold" pending the Appeal. Thus Lindis remains at large, sans tags or curfews.
    Campaign for the Accountability of American Bases (CAAB), 8 ParkRow, Otley, West Yorkshire, LS21 1HQ (tel/fax 01943 466405 or 01482 702033; email anniandlindis@caab.org.uk:     http://www.caab.org.uk).
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