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London 2012: Missile tenants lose legal ruling

KanD

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London 2012: Missile tenants lose legal ruling
10 July 2012
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London 2012: Missile tenants lose legal ruling
Residents have lost their High Court battle to prevent surface-to-air missiles being stationed on the roof of their tower block during the Olympics. They had said having them on Fred Wigg Tower in Leytonstone, east London, would make them a terrorist target. The Ministry of Defence (MoD) has said the missile deployment is legitimate and proportionate. A judge said residents were "under something of a misapprehension" regarding the equipment and risks.

Mr Justice Haddon-Cave said he agreed with the MoD that a tower block was the only suitable site for missiles and the facts of the case were "not susceptible to a sensible challenge". He added the MoD's voluntary engagement with the community over the plans was "immaculate" and the residents who challenged the missile sites had misunderstood the facts.

'Evil statement'
Justice Haddon-Cave said the MoD had no duty to consult, had not promised to and no "conspicuous unfairness" was caused by not consulting. He added: "The law and the facts militate against the claim for judicial review. "In my judgment the MoD's voluntary engagement with the community and residents in this matter were immaculate". The 15-storey tower block is one of six locations selected for missiles to be stationed.

David Forsdick, appearing on behalf of the MoD, said the deployment would "happen imminently and will not be stayed". The residents' barrister, Marc Willers, said any appeal move would be made quickly, "possibly" on Wednesday morning. He added the tenants who do not want to stay during the Olympics may be found alternative accommodation. On Monday, Mr Willers, said their block could become the "focus of a terrorist attack" to make an "evil statement".

The defence secretary was accused by the local residents' association of breaching Article 8 and Article 1 of Protocol 1 of the European Convention on Human Rights. These protect an individual's right to a private life and peaceful enjoyment of their home. The MoD was also accused of failing to carry out an equality impact assessment to take into account the needs of disabled residents.

Mr Forsdick said the decision over where to position the missiles was taken at the "highest levels after rigorous scrutiny". He said it was signed off by the prime minister, deputy prime minister, home secretary and defence secretary in "defence of the realm". He told the court: "The MoD, intelligence agencies and the Metropolitan Police do not consider there is any credible threat to the Fred Wigg Tower from terrorism."

That view, he said, was supported by a witness statement from Dr Campbell McCafferty, head of UK counter-terrorism at the MoD.
 
Does it not defeat the purpose when the BBC posts a map locating the high rises where the MoD has placed the SAMs?
 
KanD said:
Does it not defeat the purpose when the BBC posts a map locating the high rises where the MoD has placed the SAMs?

Something the MoD itself has been rather open about. So then, what is the problem with the BBC ?
 
And more information graciously offered by the BBC  :facepalm:

The sites, and the specific systems to be deployed at them, are:

    Lexington Building, Fairfield Road, Bow, Tower Hamlets - high-velocity missile

    Fred Wigg Tower, Montague Road Estate, Waltham Forest - high-velocity missile

    Blackheath Common, Blackheath (Lewisham/Greenwich) - rapier

    William Girling Reservoir, Lea Valley Reservoir Chain, Enfield - rapier

    Oxleas Meadow, Shooters Hill, Greenwich/Woolwich - rapier

    Barn Hill, Netherhouse Farm, Epping Forest - rapier

Taken from "London 2012: Olympic missiles sites confirmed" by BBC UK on 3 July 2012
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London 2012: Olympic missiles sites confirmed
3 July 2012

Ground-based air defence systems will be sited at six locations in and around London during the Olympic Games, despite opposition from residents. The missiles - including rapier and high-velocity systems - will be in place from mid-July, the MoD confirmed. Plans also include the use of helicopter carrier HMS Ocean, which will be moored in the River Thames. RAF Typhoon jets will be stationed at RAF Northolt, and Puma helicopters at a Territorial Army centre in Ilford.

'Small number of activists'
Defence Secretary Philip Hammond said the ground-based air defence systems were "just one part of a comprehensive, multi-layered air security plan" which would provide "both reassurance and a powerful deterrent". They would go ahead despite objections from a "small number of activists," he said. "We have undertaken a wide programme of engagement with the communities affected, involving relevant local authorities, landowners, MPs, council leaders, and community meetings.

"These have shown that, while people understandably have questions and concerns which we have sought to answer, broadly speaking communities are supportive of our work." Some 100 sites were considered as locations for ground missiles, before this was narrowed down to the six final sites which were deemed to offer the best possible protection to the Olympic Park and surrounding area against any air threat.

The sites, and the specific systems to be deployed at them, are:

    Lexington Building, Fairfield Road, Bow, Tower Hamlets - high-velocity missile

    Fred Wigg Tower, Montague Road Estate, Waltham Forest - high-velocity missile

    Blackheath Common, Blackheath (Lewisham/Greenwich) - rapier

    William Girling Reservoir, Lea Valley Reservoir Chain, Enfield - rapier

    Oxleas Meadow, Shooters Hill, Greenwich/Woolwich - rapier

    Barn Hill, Netherhouse Farm, Epping Forest - rapier

The plans have sparked a campaign by residents, who say 1,000 people have signed a petition in protest. Residents of Fred Wigg Tower have also launched legal proceedings against the missiles' siting. Solicitors instructed by the residents' association said their challenge is set to reach the High Court on 9 July. Responding to the MoD's confirmation of the plans Chris Nineham, 49, from Bow, who is part of the Stop the Olympic Missiles campaign said: "This is a decision that flies in the face of good sense and also the opinions and feeling of the people who live in the area."

"Sitting missiles on housing estates makes people feel a lot less secure."
A decision based on the threat level as to whether the systems will remain throughout the Paralympics - from 29 August until 9 September - has yet to be made. A Ministry of Defence spokesman said: "The government has reserved the right to extend the airspace restrictions, and the deployment of military assets, including ground based air defence, if an assessment of the threat level warrants it."

Edit: typo
 
KanD said:
  :facepalm:

Again, information made public by MoD.

The BBC is only reporting publicly available information given out by MoD, so you facepalm at the BBC is rather misplaced.
 
In addition to the BBC publishing the sites, I have a feeling that the fact that there are HVM and Rapier launchers being set up may also give away the locations.  They are not small pieces of kit, especially Rapier
 
I don't know what their problem is, it's got to be the safest real estate in the city.
 
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