Corby Magistrates' Court: What Are They Playing At?

I monitor lots of decisions of the courts. This a decision of the Administrative Court and does not have much in the way of global implications. It does illustrate, however, that the little man (woman, in this case) does have access to justice under the England & Wales legal system and will, generally, be treated fairly.

Also, it illustrates both the value and the eccentricity of applications for judicial review. In theory, the Queen intervenes on your behalf against the executive or inferior courts. In this case, Corby Magistrates' Court.

Lindis Elizabeth Percy says that she was assaulted by US military and UK bobbies failed to intervene when they should have done. Here is her case as summarised by Lord Justice Moses:

"The claimant alleges that on Sunday 19 February 2006 she was at RAF Croughton in Northamptonshire. There she was accosted by several American military personnel. Airman First Class Frank Macdonald took the lead and controlled the incident. She was hand-cuffed and detained face-down on the ground. She repeatedly said to the American personnel that the Ministry of Defence Police Agency based at RAF Croughton should be called to deal with the incident pursuant to Third Air Force Instructions 31-209 of 15 February 2004. Following that request two Ministry of Defence Agency officers arrived, PC Athawse and PC Woodhouse. They instructed the American airmen to remove the handcuffs and said that they would now deal with the situation. However, it is alleged that Airman First Class Macdonald would not allow this and pushed one of the officers away. Neither of the Ministry of Defence Police Agency officers insisted that they should assume control. They allowed the American military personnel to continue the search of the claimant. During the course of that search she alleges that she sustained pressure to the carotid nerve of her neck as a result of the activities of Airman First Class Macdonald, which caused facial palsy from which she suffered for a period of six weeks. She suffered bruising, a cut to her right hand and abrasions from the tight fixing of the handcuffs.

Whilst this serious assault is alleged to have taken place, PC Athawse and PC Woodhouse stood by. Neither of them intervened to stop the assault. The claimant was then issued with a section 69 notice for aggravated trespass, contrary to the Criminal Justice and Public Order Act 1994, by one of the Ministry of Defence Police Agency officers."

Lord Justice Moses went on to hold that Ms Percy was treated with inexplicable discourtesy by the magistrates and that they were wrong in failing to issue summonses against the Ministry of Defence Police Agency and Airman First Class Frank MacDonald of the US Air Force. He ordered them to issue the summonses.

His final exchange with Ms Price is revealing:

"THE CLAIMANT: Could I just add that this could have been settled without going down this road.

LORD JUSTICE MOSES: I know. I do not know what they are playing at. We will order costs against the Corby Magistrates' Court in the sum of £412.

THE CLAIMANT: Thank you."

Why did she only get £412?

Simple; she represented herself. I applaud her. This was not a simple application.

It does show that it can be done so do not believe you always need a solicitor to achieve justice.

Lindis Percy has form, however. This is not her first appearance in court and you may wish to perform a google search.