THE trial of a CND campaigner arrested at RAF Fylingdales was halted after comments from a senior magistrate.

Roy Welford made his observations at Pickering Magistrates Court as campaigner Lindis Percy was questioning a Ministry of Defence policeman about MOD by-laws.

"We have heard all this before," he said. "It's not really relevant."

Percy, who was representing herself, was pleading not guilty to aggravated trespass at the North York Moors base.

The clerk of the court, Martin Fozard, halted the trial because he argued it could be said justice was not being seen to be done, and that Mr Welford may not be sitting on the bench with an open mind. He ordered a retrial to take place early next year with a different set of magistrates.

Paul Bowater, prosecuting, had called MOD duty Sergeant James Carr into the witness box during the case, and it was as Percy was cross-examining him that Mr Welford made his intervention.

Updated: 11:02 Wednesday, December 19, 2001