In February 2006, Ms Percy was at the American base at Croughton (Northamptonshire) when she was accosted by several American military personnel. Despite being well known to the base authorities as a peaceful campaigner Ms Percy was assaulted by Frank Macdonald. As a result of sustained pressure to her neck by Frank Macdonald, she suffered a facial palsy which lasted 6 weeks (among other injuries). Two Ministry of Defence Police Agency (MDPA) officers stood by while the assault took place. CCTV cameras were said not to be working at the time of the incident.

An application to bring private summonses against Frank Macdonald and the two MDPA officers in February 2007 was refused by Corby Magistrates ending up in a successful Judicial Review by Ms Percy in the High Court London. Two senior Judges ordered Corby Magistrates to issue the summons. The case could not proceed after a Certificate of Immunity was entered by the American authorities.

In February 2009 Ms Percy took out a civil claim against Frank Macdonald. In March 2010 he offered to settle the case with costs out of court. Ms Percy very reluctantly had to accept the offer because the cost of legal representation and proceedings proved to be prohibitive. Frank Macdonald was represented by the Treasury Solicitor. The case is typical of how many civil actions end when there is such an imbalance of power. Ms Percy represented herself.

Ms Percy said, “Frank Macdonald never once appeared in court despite attempts to get him there to account for his actions. He brought dishonour on himself by omitting any reference in his statements to either the assault or the injuries he caused. He avoided the truth and got away with it, as did the MDPA officers who stood by while criminal offences were committed by a member of the US Visiting Forces (USVF).

We hope that in future the USVF will abide by both their own instructions and English law when dealing with peaceful protestors. We also expect the MDPA to use their authority and insist that they take control of any incidents involving peaceful British people”.

Notes:

•CAAB evolved out of the long campaign of protest at the American base at Menwith Hill, North Yorkshire. CAAB aims to bring public scrutiny, awareness and accountability as to the role of the US Visiting Forces here and world wide.

•The latest CAAB newsletter can be found on CAAB website: www.caab.org.uk

•The Ministry of Defence Police Agency are paid for and under the operations control of the US authorities when working on US bases.