Undercover COP unlawfully by climate activists, judges rule

Undercover policeman Mark Kennedy was involved in activities that went far beyond the authorization given, the judges of the Appeals Court ruled

Three senior judges have ruled that the undercover COP Mark Kennedy unlawfully spied on environmentalists and probably acted as an "agent provocateur".

In a sentence that explains why it quashed the convictions of 20 climate change activists, the judges of the Court of appeal said that they shared a "great deal of justifiable public concern" about the case.

The judges, which included the Lord chief justice, said, "elementary principles of fair trial process were ignored when prosecutors did not reveal evidence about the work of Kennedy lawyers activists.

The Court announced on Tuesday that it would quash the convictions of the activists, who have been unjustly accused of conspiracy to break in Ratcliffe-on-Soar power station in 2009.

The judgment has also made several criticisms of Kennedy, including its distribution could have been interpreted as "entrapment". It is revealed that Kennedy was part of a long-term programme "to infiltrate groups of far-left" in the United Kingdom. Other court documents say the Spy program was called operation Pegasus.

Kennedy, who has expressed remorse for seven years has lived deep under cover in the environmental movement, responded by saying in a statement released by her publicist, Max Clifford: "refute the assertion that acted as an agent provocateur. At no time did I or did actively encourage a group or person to engage in an activity that had not already engaged in ".

But now will be to explain why may have incited Kennedy, part of a network of spies police planted in protest groups, the demonstrators to commit criminal acts for which they were later prosecuted senior police officers.

Among those who will be asked questions is Sir Hugh Orde, President of the Association of Chief Police officers (Acpo), which was responsible for the shady drive to Kennedy was detached.

The national public order intelligence was later transferred to the Metropolitan police, under the command of Assistant Commissioner John Yates, who resigned this week.

Hordes is being tipped as a replacement Commissioner Met. So it is too Bernard Hogan-Howe, the high-ranking officer conducting an investigation officer of Kennedy for the Police Inspectorate of his Majesty.

ACPO said in a statement: "the law is quite clear that undercover officers are absolutely prohibited from inducing people to commit crimes that otherwise would not have committed. We are confident that the reviews in these events will make recommendations that will bring more robust governance maybe, responsibility and management of invasive in undercover policing, preserving the value of the tactic to keep the community safe. "

All senior officers involved in the dispute will be alarmed by mounting evidence that Kennedy went rogue, developing genuine sympathy for the cause supported by extremists suspected that he had been asked to monitor.

Known as Mark Stone to activists who was sent to monitor – and 133 UCO to his police handlers – Kennedy put on record its doubts as to its distribution.

"The youth of the middle class who are involved with the protest tied to climate change are not politicized, are concerned about the future of the planet themes not politicians," he wrote in a report to his Manager.

Activists might be amused that saw their cause as apolitical, but his interpretation of their motives would still have assisted them in court.

So too would secretly recordings, when activists gathered at a meeting planned before the protest.

A raid of that encounter by the police protest at Nottinghamshire ensured the Central never took place and 113 people were arrested.

Of those, 26 were indicted for conspiring to break the system, but evidence of Kennedy, which also included the police a signed statement in which he offered a measure of "support for the defence", has been detained by their lawyers.

Accordingly, the trial of six activists was abandoned in January. The beliefs of other supporters of 20 recognized guilty in December, were cancelled Tuesday, for the same reason.

The judges, has clear that Kennedy's surveillance tapes would have supported the argument of the defendants at the trial that they wanted to avoid major damage by carbon emissions from the power station.

"It is a case that has given rise to a great deal of public concern that we share, justifiable. Something has gone seriously wrong with the process, "said the ruling. "Duties of the prosecution in relation to disclosure were not met. The result was that the appellants were sentenced following a trial in which have been ignored the basic principles underlying the fairness of our testing procedures. The jury was ignorant of evidence for the defence, who was in possession of the prosecution, but that it was never revealed. Thus Justice failed. "

The Crown Prosecutor alleged failure to disclose evidence of Kennedy are now the subject of an independent inquiry by Sir Christopher Rose, a former judge of the Court of appeal.

But the ruling raises more questions about the operation of planting Kennedy and other policemen under coverage of the protest movement.

The confidential file of evidence, said the judges reveal Kennedy "was involved in activities that went far beyond the permission was given and appeared to show him as an enthusiastic supporter of the occupation power plant proposal and, probably, an agent provocateur".

There are questions about its legal authority to spy on activists. Kennedy was not allowed to take part in the occupation of Central until April 9, just three days before the planned protest.

Its surveillance of activists also exceeded his powers, according to the judgment.

"When the protesters began to gather together just before the employment proposal seems that Kennedy went far beyond his permission.

"Which included reconnaissance company, participate in briefings, controlling the surrounding area for policing and agreeing to participate in a team of climbers".

The judges agreed that Kennedy was probably seen by young activists as a "eminence grise" – influential decision maker – in the group.

The ruling added that Kennedy played a significant role in assisting, advising and supporting the activities for which the applicants have been prosecuted. "

This finding could prove detrimental to the senior manager of police surveillance operation.

Vera Baird, the former Attorney General, said: "it was a country ill-thought-out to undermine people who turned out to be honest, not activists, during which criminals have wasted an enormous amount of money on this man who inevitably went live with honest people native to all those years.

"Then they were left with him having let them down and with evidence showing that there was no crime in the first place."

View the original article here