Tower residents fight missile plan

 

Plans to station surface-to-air missiles on the roof of a tower block during the Olympics could expose residents to a terrorist attack, the High Court was told today.

Residents of the Fred Wigg Tower in Leytonstone, east London, are fighting to prevent the ground-based air defence system being deployed above their heads.

They are applying for permission to seek judicial review on the grounds their human rights have been breached because they were not consulted fairly and properly over the proposals.

Marc Willers, representing the residents, told a judge: "It is the unprecedented siting of a military base or missile site in peace time on English soil that brings us to this court."

He said of the residents: "They have a fully justified fear that installation or deployment of the missile system on the roof of the Fred Wigg Tower gives rise to the additional risk that the tower itself may become the focus of a terrorist attack."

Mr Willers said the Ministry of Defence (MoD) was suggesting the fear was unjustified when one looked at it from an objective point of view.

But Mr Willers told Mr Justice Haddon-Cave, sitting at London's High Court: "We would submit that your lordship can come to the conclusion, and should come to the conclusion, that that fear is not just genuine and legitimate but justified given the nature of the forthcoming occasion - the Olympic Games - and given the nature of the deployment and the current threat level, which is said to be 'substantial"'.

Mr Willers said such a potential attack by terrorists might be no more than "to make a statement - an evil statement, but a statement nevertheless".

Martin Howe, senior partner with solicitors Howe and Co, who are instructed by the local residents' association, said before today's hearing tenants of the block's 117 flats, which are home to hundreds of children, were "very afraid" of the proposals.

Defence Secretary Philip Hammond is accused by the association of breaching Article 8 and Article 1 of Protocol 1 of the European Convention on Human Rights, which protect an individual's right to private life and peaceful enjoyment of their home.

The MoD is also accused of failing to carry out an equality impact assessment (EIA) to take into account the needs of disabled residents.

If they are given permission for a full judicial review hearing, the residents are expected to seek an injunction prohibiting missile deployment until their legal challenge is heard.

Ministry of Defence officials plan to deploy the weapons across six sites in the capital.

The missiles, including rapier and high-velocity systems, will be in place from mid-July, the MoD confirmed last week.

A helicopter carrier, HMS Ocean, will also be moored in the River Thames and RAF Typhoon jets will be stationed ready at RAF Northolt and Puma helicopters at a Territorial Army centre in Ilford.

The other sites chosen to guard against any Olympic air threat are the Lexington Building in Tower Hamlets, east London; Blackheath Common and Oxleas Wood, both in south-east London; William Girling Reservoir in the Lea Valley reservoir chain in Enfield; and Barn Hill at Netherhouse Farm in Epping Forest.

The Defence Secretary says the ground-based air defence systems are "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.

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."

Today in court, Mr Willers accused the MoD of being "extremely complacent" about the risk of the Fred Wigg Tower being targeted by terrorists, saying it was reasonable to infer from the evidence "that the risk is very real".

Allegations that a terrorist attack on the tower was a real threat were rejected by David Forsdick, appearing on behalf of the Defence Secretary and MoD.

Mr Forsdick 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."

He said that view was supported by a witness statement from Dr Campbell McCafferty, head of UK counter-terrorism at the MoD.

The court also had evidence from General Sir Nick Parker, who had overall responsibility for national security in respect of liaison with civil authorities.

Both the civil and military arms of the MoD were telling the court "in no uncertain terms" there was no credible threat, Mr Forsdick told the judge.

The judge said he would give his ruling at 10.30am tomorrow.

PA

Caption competition
Caption competition
News in pictures
World news in pictures
Sport blogs

iBet: A tight game between Northampton and Bradford

A tight game could be in prospect here. Northampton have been keeping things very tight of late and ...

by Gareth Purnell

On The Road at the Giro d’Italia: Feeling ill and racing in the rain must be pretty grim

I can’t ever watch games of football or rugby without wistfully wondering what it must be like to be...

by Martin Ayres

PSG and the French league must be more proactive in dealing with hooliganism

Since PSG’s exit to Barcelona in the Uefa Champions League quarter-final in April, PSG have been sur...

by Matthew Riding

       

Day In a Page

'There is a battle going on inside us that is never discussed'

Masculinity in crisis?

'There is a battle going on inside us that is never discussed'
Have US shock jocks gone too far?

Have US shock jocks gone too far?

An incendiary remark from Rush Limbaugh may be the beginning of the end for outspoken right-wing US broadcasters
The ‘Beverly Hills’ of Surrey pays more income tax than big cities of the North

The ‘Beverly Hills’ of Surrey

Elmbridge pays more income tax than big cities of the North
Heavenly Bodies

Heavenly Bodies

Michael Landy's artistic marriage made in heaven... and hell
'He will always be a friend': Jackie Stewart backs Polanski

'He will always be a friend'

Jackie Stewart backs Roman Polanski
The price of pacifism: Refusing to go to war is finally being recognised as a brave act

The price of pacifism

From the Second World War refusenik to the 19-year-old Israeli, Holly Williams talks to five people who risked shame and suffering to take a stand as conscientious objector.
'It was mass hysteria': Jason Isaacs on groupies, theatre bores and snogging James Bond

Jason Isaacs: Groupies, theatre bores and James Bond

To millions, Jason Isaacs is one of Harry Potter's arch enemies – but his wife prefers him as a Scottish TV detective.
Notes from a small island: Is Sealand an independent 'micronation' or an illegal fortress?

Sealand: 'Micronation' or illegal fortress?

Thomas Hodgkinson spent a week at the tiny platform off the Suffolk coast to find out.
Not a bad bone: Mark Hix cooks with cutlets and ribs

Mark Hix cooks with cutlets and ribs

If you ignore cutlets and ribs, you'll risk missing out on some delicious and easy meals, says our chef.
The experts' guide to summer: From getting fit for the beach to recreating that Olympic buzz

The experts' guide to summer

From getting fit for the beach to recreating that Olympic buzz
Sex, drugs and fast cars: The legend of James Hunt has set Hollywood hearts racing

Legend of James Hunt has set Hollywood hearts racing

Early glimpses of Ron Howard's film Rush suggest it will portray Hunt as a high-living lothario, with an insatiable appetite for partying.
Macklemore: 'I don't have moderation when using drugs and alcohol. It was hurting my life'

Macklemore: 'I don't have moderation'

The next Vanilla Ice or the next Eminem? Macklemore doesn't have a record contract – but he does have the UK's biggest-selling single of the year.
Don't be shy: Bill Granger's Sri Lankan recipes

Don't be shy: Bill Granger's Sri Lankan recipes

Sri Lankan cuisine is light, sunny, wonderfully spiced – and so easy to cook from scratch. Just as soon as you've broken into the coconut, that is.
Sir James Dyson’s latest project: Cleaning up hospitals

Sir James Dyson’s latest project: Cleaning up hospitals

Doctors are hailing the revamp of a Bath neonatal unit, where babies sleep more and feed better, as the model for patient care
One man returns to Argentina's town that drowned

One man returns to Argentina's town that drowned

Epecuen was submerged under 10 metres of water in 1985. Now the floods have gone – and 83-year-old Pablo Novak has moved back in