Tuesday, Jul 10 2012 9PM
Tower block residents lose High Court bid to stop Army placing surface-to-air missiles on their roof to protect Olympic Games

By James White

PUBLISHED: 09:27 EST, 10 July 2012 | UPDATED: 12:29 EST, 10 July 2012

Alarmed residents have lost their High Court battle to prevent surface-to-air missiles being stationed on the roof of a 17-storey residential tower block during the Olympics.

A judge ruled today residents at the Fred Wigg Tower in Leytonstone, east London, did not have an arguable case.

The tenants fear the missile base above their heads could make them the focus for a terrorist attack.


Action stations: The army want to place surface-to-air missiles like this on Fred Wigg Tower in Leytonstone, east London, to protect the Olympic Park from any potential attack Action stations: The army want to place surface-to-air missiles like this on Fred Wigg Tower in Leytonstone, east London, to protect the Olympic Park from any potential attack

The Ministry of Defence (MoD), security service and police say there is 'no credible threat' and the siting of the missiles is both 'legitimate and proportionate'.

The block is one of six sites in the capital where missiles, including rapier and high-velocity systems, will be deployed to protect Games venues.


The Fred Wigg residents applied for permission to seek judicial review, protesting there has been a 'disproportionate interference' with their human rights, and they were not consulted fairly and properly over the siting of the ground-based air defence system.

Their lawyers argued during a one-day hearing yesterday that those who wanted to move out should at least be relocated in hotels by the MoD for the duration of the Games, or a gantry should be erected away from the block to take the missile system.

But today their legal challenge was rejected by Mr Justice Haddon-Cave, sitting at London’s High Court, who said: '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'.


Residents of the tower say the plans could expose them to a terrorist attack

The judge said residents had expressed 'shock, anxiety and worry' over the prospect of missiles being stationed at the tower.

But they had been under 'something of a misapprehension' about the nature of the equipment to be deployed and the risks deployment would bring.

Yesterday Marc Willers, representing the residents, told the court: '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.'

The fear was not just genuine 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 accused the Defence Secretary 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 and family life and the peaceful enjoyment of their home.

He also argued the MoD failed to conduct a proper equality impact assessment (EIA), taking into account the needs of disabled residents.

David Forsdick, representing Defence Secretary Philip Hammond, said top Ministry of Defence officials, UK intelligence agencies and the Metropolitan Police had all rejected the possibility of an attack on the Fred Wigg block.

Video also at link below.

Read more: Tower block residents lose their High Court bid to stop Army placing surface-to-air missiles on their roof to protect Olympic Games | Mail Online

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