British authorities cancel arrest warrant for airman due to lack of jurisdiction

[unhappycamper]

British authorities cancel arrest warrant for airman due to lack of jurisdiction
By Charlie Reed, Stars and Stripes
European edition, Saturday, April 26, 2008

British court officials have canceled an arrest warrant for an American airman, a British prosecutor said Friday.

The Northampton Magistrates’ Court issued the warrant Monday after Airman 1st Class Frank McDonald did not show up for a court hearing related to a 2006 incident in which he helped detain a peace activist who had broken into RAF Croughton. The activist, Lindis Percy, 66, is seeking to prosecute McDonald and two Ministry of Defence policemen for allegedly roughing her up when taking her into custody.

But the court withdrew the warrant on Wednesday after discovering the Air Force had issued paperwork in late February that states McDonald was exercising his military duties when he took action against Percy.

The “certificate” submitted into court by the Air Force “creates a presumption that Mr. McDonald is not within the jurisdiction of the U.K. court system,” said prosecutor Lawrence English, with the Crown Prosecution Service in Northampton. “The courts took the view that it was a mistake to issue (the warrant.)”

But that doesn’t mean the case has been thrown out, he said. The court could decide to take up the matter if there is evidence that proves McDonald was not acting within his duties or if the Air Force “decides not to prosecute” the airman, English said.


Rest of article at: http://www.stripes.com/article.asp?section=104&article=54338