IanR wrote:Not sure how many of you saw this, but the latest issue of the online UFO magazine SUNlite contains some thoughts by Peter Brookesmith on this very issue of the legality of Halt's expedition:
Thanks for the link, Ian. Unfortunately, I found Peter Brookesmith’s article to be little more than a 2nd-hand character assassination of Halt, which is the fashionable approach nowadays amongst some pundits. Not your fault, of course, and these comments are aimed at PB, not you.
Halt may not have been universally liked by everyone under his command (name me an officer who is), but if his superiors thought him incompetent in any way – trust me – he would not have been given responsibility for nuclear weapon security.
In the context of the Rendlesham Incident, Halt’s character and style of man-management is somewhat irrelevant. Brookeshmith paints a picture of a ‘Walter Mitty’ character, taking his men out to the woods on a personal whim in search of glory and adventure. He questions whether Halt was actually on-duty that night (presumably because he was attending a Christmas party), and even asserts that Halt and his men could be charged with trespass and damage for being in the woods at all. This displays both a charming naivety concerning military protocol and a glaring ignorance of the Visiting Forces Act, 1952.
At times of crisis, and/or when a superior officer gives you an order,
everyone in the military is ‘on-duty’, whether they’re technically on-leave and wearing civilian clothes or not. The Christmas party Halt was attending was an official gathering and he would have been both ‘on-duty’ and in uniform. He didn’t just decide unilaterally to take his men for a ‘jolly’ in the woods. He was responding to a report brought to him by a junior officer – a report of incidents which Halt himself insisted had to be officially logged. As such, it was his
duty to take action upon them. Let’s not forget that no one had any real idea what the original reports (Penniston’s, etc.) represented. Halt was, quite rightly, taking no chances with the security of the weapons under his charge. Perhaps another officer would have delegated this task to someone further down the chain of command, but that was not Halt’s way of doing things. In time of war, ‘leading from the front’ wins praise and creates heroes – but not in peacetime it seems.
As for Brookesmith’s risible comments about the illegality of Halt’s actions in going off-base; whilst a strict legal interpretation of the VFA might suggest that American jurisdiction ends at the perimeter fence, it also recognizes that US forces are duty-bound to investigate any potential threats to their security, both on- and off-base. Indeed, in reality, most of the battles fought by USAF security forces in wartime would have taken place far outside the base perimeter; in the case of Bentwaters/Woodbridge, probably on the Suffolk coast. Britain's MoD were fully aware of this.
Trespass and damage? Oh, please … The London Agreement on the Status of Forces, signed in June, 1951, gave immunity to NATO ‘foreign forces’ from prosecution or the risk of civil proceedings in a ‘receiving state’ if they were in the process of carrying out ‘official duties’. This statute was incorporated into the VFA the following year, exempting all US service personnel being tried for any offence in British courts, if the offence (or non-criminal injury or damage), “arose out of, or in the course of, duty as a member of US forces.” (see, Campbell; ‘The Unsinkable Aircraft Carrier’; pp.300-301). Halt’s party were USAF security policemen investigating an official report – not a private ‘UFO spotters club’. Members of this forum might not see eye-to-eye on everything, but can we all at least agree that Halt and his men were on ‘official duty’?
To my knowledge there was only one violation of the VFA during the 1-3 nights of the Rendlesham Incident, and that was the carrying of loaded weapons off-base. However, under the circumstances of ‘just cause’ and ‘perceived threat’, I doubt if anyone at the MoD would have worried about that. As security policemen, Penniston and Burroughs were certainly aware of the legislation regarding firearms. From their earliest statements they were always careful to say that personal weapons were left at East Gate. This stance was upheld in subsequent interviews and film appearances. We now know, from what was said during the forest ‘tours’ at the Re-Union Conference, that whist their M16 rifles might have been ‘turned in’, loaded sidearms were taken into the woods. Given the same set of conditions that night, I can’t say I wouldn’t have done likewise.
In closing, then, I find articles like PB’s distasteful and unhelpful. They bring nothing of value to the case; are written with a ‘tabloid’ mentality befitting the hear-say gossip-mongering they peddle; and come perilously close to libel, in my opinion. Can we please stop treating Halt, Penniston, Borroughs, Warren, et al, as if we were in a court of law and they are the accused? These men are
witnesses. They were there, and we were not. They had the courage to report what they saw in the face of certain scorn and ridicule. We should match that courage with a spirit of open-minded inquiry and keep our unproven accusations and petty jealousies to ourselves.
Biffer
WARNING: May contain traces of wit and irony.