WIX Archives
Re: That old ownership issue...again!
Posted by Elliott on Thu Sep 18, 2003 05:52:45 AM
In reply top Re: That old ownership issue...again! posted by Elliott on Thu Sep 18, 2003 05:51:26 AM
Actually, of course courts make retrospective decisions!
: Hi Andy,
:
: No - the tank is still in kent and i am still in india, bu
: t i'll be at shoreham - hopefully i can pick it up when i
: get back :)
:
: Perhaps it was incorrect, but that's how the law stood at
: the time. Who knows the exact agreement, if any that was
: reached with the usaaf after the war? There must have bee
: n some sort of dictat for dealing with remains of us aircr
: aft and airmen left over here.
:
: Tampering with a wreck site without a licence IS an offenc
: e and i was told by the mod they were fined under the 1986
: PMR act and done for theft. I don't think courts make re
: trospective decisions, but it is an interesting case.
:
:
:
:
:
:
: : : Interesting point you mention about the people who wer
: e
: : ar
: : : rested, they should have known another group was invol
: ve
: : d
: : : as a letter was written to them via the landowner. Wo
: ul
: : d
: : : have been polite to have replied (assuming they got th
: e
: : le
: : : tter), then they could have avoided ripping the intact
: w
: : in
: : : gs to shreds, tearing the nacelles out and leaving the
: b
: : ea
: : : ch strewn with live rounds. They did dig up two .50 c
: al
: : m
: : : achine guns and I know the police were considering fir
: ea
: : rm
: : : s charges.
: : I really know nothing of the exact circumstances of that
: c
: : ase, Elliot,and I think there were licence offences anyw
: ay
: : but that is not an arrestable offence in itself. Theft
: is
: : . One cannot condone what they may have done. Equally, t
: he
: : MOD Police have no cause to arrest people for a theft t
: he
: : y cannot have committed when the property concerned has
: be
: : en abandoned formally! I believe the MOD knew that to be
: t
: : he case and perhaps why, apparently, they dropped that c
: ha
: : rge later on?
: : Andy.
: : PS - That tank? Did you ever collect it???
: : :
: : :
: : :
: : : Interesting news today from the MOD who concede that f
: or
: : me
: : :
: : : : r USAAF/USAF lost in the UK are apparently NOT the p
: ro
: : pe
: : : rt
: : : : y of the US Govt as the MOD have long claimed. Altho
: ug
: : h
: : : th
: : : : e provisions of the PMR Act apply in the UK to US cr
: as
: : h
: : : si
: : : : tes, the ownership question is outwith MOD or US Gov
: t
: : co
: : : nt
: : : : rol and it seems the MOD are likely to accept that p
: os
: : it
: : : io
: : : : n formally in due course and re-issue Notes of Guida
: nc
: : e
: : : to
: : : : those involved in recoveries! A small point, but pe
: rh
: : ap
: : : s
: : : : an important one. So what about those individuals wh
: o
: : we
: : : re
: : : : arrested by MOD Police (not me!) a couple of years
: ba
: : ck
: : : a
: : : : nd charged, inter-alia, with theft of US Govt Proper
: ty
: : ??
: : : O
: : : : bviously no theft could have taken place since the s
: tu
: : ff
: : : d
: : : : idnt belong to them, and this has formally been USAF
: p
: : ol
: : : ic
: : : : y since at least early 1995 if not before. Mmmmm....
: .!
: : I
: : : nt
: : : : eresting! Andy Saunders.