All content from 2014

Sack Bob Lambert: picket Friday 28th November

Bob Lambert then and now

Most of the revelations about Britain’s political secret police have involved Bob Lambert. As an undercover officer in the Special Demonstration Squad, Lambert infiltrated London Greenpeace and co-wrote the leaflet that triggered the McLibel trial – a fact which, like his existence, was kept from the court. He had a long-term relationship with Jacqui, fathering a son that he abandoned and had a second serious relationship. He went through a prosecution under his false identity. He has been named in parliament as the firebomber of a department store whilst in his animal rights activist persona, though he has strenuously denied the charge.

He went on to be manager of the SDS, overseeing officers such as Peter Francis who says he was tasked to ‘find dirt’ to discredit Stephen Lawrence’s family, and Jim Boyling who, following in his mentor’s footsteps, had children with a woman he spied on and caused a miscarriage of justice by going to court in his fake identity.

These days Lambert holds two academic posts, using what is euphemistically called his ‘counter terrorism’ experience to train tomorrow’s police managers at the University of St Andrews and London Metropolitan University.

At the COPS meeting at London Met earlier this month a local group, Islington Against Police Spies, announced their intention to campaign for Lambert to be removed from his post. They have organised a picket of the university (Tower Building, 166-220 Holloway Road, 
London N7 8DB) for this Friday, 28 November, from noon until 2pm.

See their post for more details on Lambert and the campaign.

We Do Not Consent

We do not consent

Defend the Right to Protest have organised a one day conference in London on Sunday 16 November. Under the banner We Do Not Consent, the programme includes many people involved in the exposure and campaiging on the undercover policing issue, as well as justice campaigns for thise killed in custody, trade union struggles, anti-fracking campaigns,  and protesters rights groups.

In Britain years of campaigning have exposed the extent of injustices past and present: the fitting-up of striking miners who took on Thatcher, the appalling response to the Hillsborough disaster, police spying on Stephen Lawrence’s family and the treatment of women activists by undercover cops. Those seeking accountability face a long, hard struggle with many powerful institutions ranged against them.

Now we see fresh attacks on our civil liberties. Despite the death of Ian Tomlinson in 2009, demonstrators continue to be kettled and physically abused by police. Trade unionists are hemmed in by anti-union laws and face further threats to their rights to strike and demonstrate. Legal aid cuts are stripping away people’s ability to challenge state policies and abuses. On top of this the Conservatives have pledged to withdraw from the European Convention on Human Rights.

Austerity, escalating inequality and the “war on terror” form a wider context to this assault. Protests, occupations, organising and solidarity are the only tools we have to fight back and raise alternatives – whether it is in Ferguson, Hong Kong, Cairo or here in Britain.

It’s hoped this conference will provide a space where we can come together to discuss what’s going on, share experiences, equip ourselves to defend our basic rights and think about how to build a stronger movement against injustice for the battles ahead.

Tickets are only £5 (£3 unwaged, £10 solidarity price). More info here.

 

First Spycops Relationship Case Settled

More than a dozen women who were deceived into relationships with undercover police officers are known to be bringing cases against the Metropolitan Police. Last week, the first case was settled.

Jacqui was a 22 year old animal rights activist in 1984 when she met Bob Robinson, ten years her senior. They lived together for several years and had a son. Robinson was actually police officer Bob Lambert who knew that he would abandon his child as a toddler. Jacqui is certain that Lambert kept tabs on her after he left. Nonetheless, he had no contact, paid no maintenance.

After Lambert was outed by activists in 2011, he issued an apology. It mentions another partner, Belinda Harvey, but not Jacqui with whom he had a much more involved relationship. Lambert’s children with his wife had both died, yet he had not contacted Jacqui to warn her to get her son tested and treated.

Undercover officers went to elaborate lengths to ensure they weren’t suspected after they left. It was essential to maintain the vulnerability of campaigns to future infiltrators. The most powerful trick in the spies’ spellbook was the ignorance of their targets. Put simply, nobody would believe that they did it. So they would feign mental breakdown over a period of months and disappear to get their heads together, never to be seen again.

If we maximise the benefit of the doubt for Bob Lambert we might say he couldn’t have dropped a one-line card to Jacqui to warn of their son’s medical risk as it would have compromised the undercover method. This excuse evaporates once he was outed. If he had any concern for her and their son he would have run to their door. But still he did not tell Jacqui, a decision that could have cost their son his life.

Jacqui only found out the truth by chance eight months later, seeing it in a newspaper. She described it as ‘like being raped by the state’ and has since been receiving psychiatric care. She also says that, had she not stumbled across the truth and made all the effort to find Lambert, she believes he would have taken the secret with him to his grave.

When her son was young she initiated a bid to have him adopted by her new partner. Getting a child adopted without a still-living parent’s agreement isn’t easy. Adoption services made efforts to find him but their report says

I made several attempts including letters and telephone inquiries to contact Mr Robert Robinson… but I was unsuccessful. An informant, Mrs Moseley who shared the same flat with him at Nightingale Estate, Hackney, East London, told me that Mr Robinson’s whereabouts are unknown. She maintained he is unlikely to surface in the future because of his intense political involvement with the Animal Liberation Movement activities.

Adoption report on the search for Bob 'Robinson'The address Lambert lived at appears to have been demolished several years before ‘Mrs Moseley’ made her comment. Jacqui is convinced that this person was a Special Branch plant. The name, Moseley, may well be a warped joke on their part. How it must have seemed to Special Branch that all the loose ends were being tied up.

Jacqui’s new partner died not long after, the second dad her son had lost in his seven years. She returned to bringing him up as a single parent, a few miles from where the well-remunerated Lambert worked.

Considering the full cost of bringing up a child plus her ongoing care, even on purely financial terms the payout of £425,000 seems paltry.

The Metropolitan Police said

From the outset we have dealt with this lengthy case with professionalism and sensitivity, completely understanding the gravity of the circumstances.

Jacqui brought her case in 2012. Numerous other women brought theirs earlier. The Met refused to even admit that Lambert had been an undercover officer until two months ago despite the fact that, as Jacqui said, there was the absolute proof in the form of six foot of Lambert’s DNA walking round. The Met still won’t admit most of the well-established officers such as John Dines and Mark Cassidy were, in fact, undercover officers.

The settlement is testament to the tenacity of Jacqui and her lawyer Jules Carey. It comes despite the unprofessional, insensitive attitude of the Met. No amount of money will buy back Jacqui’s capacity to trust. Looking beyond that to a wider view of justice, as she said, money is an irrelevance.

There is the money, but there is no admission by the police that what they did was wrong, there is no meaningful apology and most importantly there are no answers.

But the legal system effectively forced her to take the money. If she had continued to court and won, but the damages awarded were below the police’s previous £425,000 offer, then she would have had to pay the police’s legal bill.

The women whose cases are still ongoing are likely to get lower amounts as they did not unwittingly have children to raise. This means the police costs could even exceed the damages awarded. In that position who could afford to push onward for disclosure and justice?

The claimants – many of whom would surely forego any money if they could have answers – will have to take the money (then vicious newsmedia comments sections will fill up with accusations of them being gold-diggers all along).

Effectively, the police are buying their way out of a damning court case. Those in charge retain their promotions and pensions whilst those they abused are left to rely on their own fortitude to repair the damage that was done to them for having the temerity to campaign for a fairer world.

As eight other women bringing similar cases reiterated

we have no reason to believe that these abhorrent abuses have stopped, or that the police acknowledge their actions are wrong, and that they must change.

There can be no excuse for undercover officers having sexual relationships whilst in their undercover persona. It is already illegal in Germany and there is no detrimental effect to German society. After all the damage done and, at long last, admissions from the police of it, it is surely time to change the law.

COPS Public Meeting

On 12 November there will be ‘The Truth About Britain’s Political Secret Police’, a COPS public meeting at London Metropolitan University, hosted by LMU’s Unison branch.

Three people targeted by the spy units will be speaking.

Helen Steel has been a social justice activist in North London all her adult life. She was a defendant in the McLibel trial – the longest in English history. She later found out that her partner who lived with her for several years at the time of the case was an undercover police officer. She is one of the women in the Police Spies Out of Lives campaign and legal case.

Dave Smith was a construction worker who was a victim of an industry blacklist. A private company ran an illegal database of over 3,000 people known to raise health and safety issues, be involved in union activities or be politically active outside work. This illegal activity was built on information supplied by employers and police officers. He is now a lynchpin of the Blacklist Support Group.

Merrick Badger is an environmental and social justice activist. He was one of the group who became suspicious of their friend Mark Stone, confronting and exposing him as police officer Mark Kennedy in 2010. He has since helped to expose other police spies, researching and campaigning on the political policing issue.

The speakers will talk about their experience and the wider issues. There will be plenty of time for questions and discussion.

FREE ENTRY.
General public welcome.

Wednesday 12 November 2014, 6pm-8pm

Henry Thomas Lecture Theatre
London Metropolitan University Tower Building
166-220 Holloway Road
N7 8DB

Nearest tube: Holloway Road

Facebook event

No to Police Spying, Corruption and Racism – demo 21 October

Earlier this year the Ellison report found that Britain’s secret police unit the Special Demonstration Squad had spied on the family of Stephen Lawrence. They have subsequently admitted spying on another 17 similar family justice campaigns.

One was that of Ricky Reel, found dead after a racially motivated attack in October 1997.

His mother Sukhdev launched a petition that has already had over 75,000 signatures. She said:

My son Ricky was just 20 years-old when he was found dead in the River Thames after being racially abused by two men. The police said that they were never able to establish exactly how he died, that it must have been an accident. We spent years pushing for a proper investigation, to get justice for our son. We’ve now found out that because we were questioning their investigations, they spied on us.

There are no words to explain the pain me and my family were feeling, a time when we needed to be left alone to grieve for our son. We thought the police would be on our side and help our grief by finding out the truth.

We know that it wasn’t just us. Other grieving families who were seeking justice after being let down by the police were also spied on. These include the families of Stephen Lawrence, Cherry Groce, Rolan Adams, Michael Menson, Joy Gardner, Jean Charles de Menezes, Harry Stanley and many more. All of these families were spied on because they were pushing for the police to investigate the murder or suspicious deaths of loved ones.

It is devastating to feel betrayed by the people you are expected to trust. Police spy on criminals, what crime did we commit?

We have no faith or trust left in the police. In March this year, the Home Secretary Theresa May announced that there will be a Judge led Public Inquiry into undercover policing but this will not take place for another year, maybe after the next election when we may even have a new government.

I’m calling on the Home Secretary to immediately:

1. Seek a public apology from the Metropolitan Police Commissioner to all the families affected by police spying and take action against police officers for any wrong doing

2. Assure us that that the family justice campaigns would be consulted when drawing the terms of reference for the Public Inquiry into undercover policing

3. Assure us that affected families will be provided with legal aid so that they can be properly legally represented at the Public Inquiry

4. Assure us that the practice of police “spying” of family justice campaigns has stopped”

The Monitoring Group have called for a peaceful vigil on Tuesday 21 October at New Scotland Yard from 5-7pm.

Speakers include:

New Scotland Yard
8-10 Broadway
London SW1H 0BG

New Report, Same Old Whitewash

HMIC logoA massive new report on undercover policing from police satellite body Her Majesty’s Inspectorate of Constabulary was published yesterday.

As with the huge stack of similar reports on the issue, it gives us quite a few dry facts and criticises some administration but fails to tackle the key, shocking issues.

It reveals that 1,229 officers are trained for undercover work. However the police’s National Undercover Index only lists 568 of them. This ‘renders the database unsuitable to the task for which it was created,’ says the report.

Seven types of deployment are listed, but there is no mention of the political spycops. For a report commissioned as a response to the revelation that the Stephen Lawrence campaign had been spied on, after several years’ groundswell following the exposure of Mark Kennedy in 2010, this is no mere oversight. It’s a dodge.

Campaigning for social justice or for the proper investigation of the death of a loved one due to incompetent or malevolent police is left entirely unmentioned in all 206 pages, unless they somehow count among ‘those who seek to commit serious crimes, eg acts of terrorism’.

The report is only critical of administration, training and support for officers, rather than the impacts on citizens and the sinister intent of certain undercover operations. It essentially saying that a little bit more oversight and authorisation will make everything alright.

The authors find it ‘reassuring’ there is apparently ‘a universal understanding by the undercover officers and those managing them’ that intimate relationships aren’t allowed and ‘there are good safeguards in place’ to prevent it.

But out of the 14 spycops so far exposed, 13 had sexual relations with citizens they spied on. Three had kids. One – Bob Lambert –  became a manager overseeing a new crop of officers who did it. Citizens have not been ‘protected’ from the most complete invasion of privacy that it is possible for the state to enact. They have been subjected to it in such a comprehensive way that it can only be seen as accepted standard practice and strategy.

It shows a staggering amount of gall to even suggest that there is ‘universal acceptance’ of it being wrong and there is therefore no problem.

There are 49 recommendations at the end of the report. None are about the known outrages of these relationships, let alone others such as undermining family justice cases and political campaigns, and the police collusion with illegal corporate activity.

We need a simple law that bans sexual relationships whilst undercover outright. It is already illegal in Germany for spies to have sexual relations in their undercover persona and German society is not suffering because of that restriction. It is needless, inexcusable institutionalised sexism.

But the report tells us that

if society wants the police to identify & apprehend some of its most dangerous criminals, it has to allow individual police officers to “get their hands dirty”.

The report does concede that the ‘neither confirm nor deny’ (NCND) policy “is not grounded in legislation” & mustn’t be used if it risks a miscarriage of justice. This is to be welcomed. But as words in isolation, it is meaningless. Police lawyers are obstructing a legal bid for justice by a group of women, saying that NCND is essential.  Those same lawyers also argued that the supposedly safeguarded-from sexual relationships are actually legally authorised. The women’s group has already condemned the new report.

This report is yet another bucket of bitter whitewash written by police and their associates. It insults those who’ve been abused by the undercover officers from the counter-democratic political police units. Beyond that, it insults anyone who believes in the right to make a stand for environmental and social justice.

It is another decoy, papering over deep cracks in a rotten architecture. It must not distract from the need for a full, open, public inquiry that examines each aspect of undercover political policing in detail and takes testimony from all those impacted by it. COPS will continue to campaign for such an inquiry.

We will continue to host events and support those organised by the various groups and individuals who have been targeted. You can support our campaign by coming to those events and getting your trade union, campaigning organisation or other group to affiliate to us.

Prosecutors and Police Engineering Miscarriages of Justice

Prosecutors have finally admitted that a defendant in a court case was an undercover police officer. Jim Boyling was a Special Demonstration Squad officer, deployed under the name Jim Sutton.

In 1997 he was on trial with a group of other Reclaim The Streets activists after being arrested a protest at a London Transport office. Having sworn to tell the truth, the whole truth and nothing but the truth, he lied and lied and lied.

Whilst most, including Boyling, were acquitted, John Jordan was convicted. Last year the conviction was quashed but the Crown Prosecution Service refused to say why. Their given document of reasons was literally a blank sheet of paper.

The fact that Metropolitan police chief Bernard Hogan-Howe had already publicly declared that ‘Sutton’ was an undercover officer made no odds. They admitted that Boyling was a police officer but – farcically sticking to the crumbling policy of ‘neither confirm nor deny’ – would not concede that he was an undercover officer, as if he might have had the full time activist persona of Jim Sutton of his own volition as some sort of hobby.

But in August police were forced to say that Boyling and his former boss Bob Lambert had both been undercover officers. Late last month the Jordan case was back in court and prosecutors finally admitted that Boyling had been deployed as an undercover police officer throughout the trial.

To have a police officer be party to all the defence meetings, in a position to help formulate that defence, is an extremely serious breach of lawyer-client confidentiality. That the trial went ahead is a serious abuse of the judicial system.

A fortnight ago the Crown’s QC, Richard Whittam, told the court

Had the Crown Prosecution Service known that ‘Jim Sutton’ was an undercover police officer, there is a strong likelihood that John Jordan would not have been prosecuted.

Note the careful wording – the CPS is not saying that it didn’t know Boyling was an officer, just implying it. The court was specifically told that this wasn’t actually an admission of anything at all.

WE’VE SEEN THIS BEFORE

Certainly, we know that the CPS have colluded with police to hide the existence of undercover officers from courts before, and that they’ve insisted that arrested officers are primed for being charged alongside bona fide activists.

On 12 April 2009 a group of 114 climate activists gathered in Nottingham to prepare to occupy Ratcliffe on Soar coal fired power station, but they were all pre-emptively arrested. One of their number was Mark Stone, aka police officer Mark Kennedy.

After he was exposed 18 months later, two official reports looked into collusion between the CPS and police in the Ratcliffe case. The Independent Police Complaints Commission’s report [PDF] found the CPS knew about the activists’ plan before it happened, before many of the activists themselves.

Ex-judge Sir Christopher Rose’s was also asked to investigate the Ratcliffe case. His report [PDF] quotes an email to police from the CPS about how ‘we will always be vulnerable on disclosure, especially matters covert’ and that even the lowly local CPS office ‘are aware there is an asset involved’. The CPS’ Case Management Review Panel of senior lawyers discussed

risks regarding the “right” questions being asked by the defence regarding covert practices.

 

Tellingly, while many of the activists were told that they would not be prosecuted, Kennedy was still retained in the ‘charging pool’. In early July 2009, Nick Paul – the Domestic Extremism Co-ordinator in the CPS Special Crime Unit – was asked by a Detective Chief Inspector not to charge Kennedy, but Paul rebuffed him.

To feel able to overrule such a high ranking police officer shows the level of confidence in Nick Paul and illustrates the degree to which this CPS official was controlling matters. Three months after Kennedy’s arrest the CPS were stubbornly intent on on charging him, which indicates that the CPS are not as averse to such things as their recent claim about Boyling would have us believe.

Of the initial 114 arrested, 26 were called for trial (Kennedy was not among them). It was split into two hearings. Twenty admitted participation but said their actions were justified. A further six said they had not participated in the plan.

As ‘the justifiers’ court date approached, prosecutor Felicity Gerry was told about the existence of an undercover officer. She knew Mark Kennedy’s real identity a week before any activists did. For the six weeks before trial, and every second she was in court, she knew that a police officer had filed evidence on the case that the defence were unaware of, yet she failed to mention it to the court. The twenty were wrongfully convicted.

When ‘the deniers’ came to court in January 2011, they asked to see Kennedy’s evidence that they knew exonerated them. Rather than disclose it, the Crown dropped the charges and the trial dramatically collapsed.

In a further display of shadiness, the CPS were said they had found

Previously unavailable information that significantly undermined the prosecution’s case

but specifically said it was

not the existence of an undercover officer.

This is now known to be a lie. If they lie about that, what else do they lie about?

It’s a pattern we’ve seen again this week as the case against British Guantanmo detainee Moazzam Begg was dropped at the last minute because MI5 had failed to hand over relevant documents. Although, again, the CPS refuses to actually admit its reasons for not going to trial.

TWO BUCKETS OF WHITEWASH

Sir Christopher Rose’s inquiry did not speak to interview the man at the centre, CPS Special Crime Unit Domestic Extremism Co-ordinator Nick Paul. Rose – who, as a Surveillance Commissioner had the ultimate sign-of on the validity of Kennedy and co’s deployment and thereby suffered a conflict of interest – concluded that mistakes had been made but there was nothing untoward and ‘the failures were individual, not systemic’.

The Director of Public Prosecutions, Kier Starmer, went on Newsnight to defend the report. Paxman’s opening question was

Are you absolutely certain there are no other cases in which people have been convicted on the basis of the evidence of undisclosed undercover police officers?

He repeats the question three times in the opening minute and a half of the exchange but still doesn’t get an answer. Starmer merely says that Rose has decided there’s no systemic problem.

Yet, as was already well known, there had already been the Drax 29 case. In June 2008 another group of climate protesters halted a coal train bound for Drax power station in Yorkshire. Again, Mark Kennedy had been involved and, again, this had been kept from the court and another miscarriage of justice was engineered with all 29 convicted. This involved a completely different team of CPS prosecutors. The reality is that the problem is systemic.

That said, both cases were overseen by the same Domestic Extremism Co-ordinator, Nick Paul, in the London CPS office. He shared that office with the Director of Public Prosecutions, Kier Starmer, yet Starmer appears not to have asked Paul about the systemic problems of prosecutors and police withholding evidence in these cases. Soon after the Ratcliffe debacle was exposed, Paul left the CPS, going into private law practice at Doughty Street Chambers. After Starmer stepped down as DPP, he joined Paul there.

HOW MANY MORE? AND WHO DID IT?

The recent admission of Jim Boyling not merely supplying withheld evidence but actually being a defendant takes it all to another level.

If all this is what we know from the handful of secret police officers so far exposed, how big could the problem be? When Mark Ellison QC looked into the spying on the family of Stephen Lawrence, it was immediately apparent to him that wrongful convictions were a serious issue and what was known could be but a tiny fraction of what has occurred. He is currently investigating.

Whistleblower officer Peter Francis praised Ellison’s initiative and criticised

the so called ‘independent’ inquiry being undertaken by Operation Herne, which has so far proved ineffective and appears to be a damage limitation and containment exercise, rather than a proper investigation into past wrongs.

These miscarriages of justice were conducted because of the actions of my former colleagues in the SDS and also officers in the NPOIU and their superiors. I hope that the second inquiry being undertaken by Mr Ellison QC will prove far more robust and transparent in its investigation and findings.

Jim Boyling went through a trial in his undercover persona. He also gave a witness statement for another trial under his false identity (ironically the defence barrister was Kier Starmer). His mentor Bob Lambert admits that he was also prosecuted under his false identity (but says he can’t remember if he was convicted). If that isn’t perjury and perverting the course of justice, it would be interesting to know what is.

But more importantly this collection of cases, spanning different constabularies and eras, surely fits anyone’s definition of a systemic problem and indisputably rubbishes the conclusion of the Rose report.

Who is to blame? The police themselves or the Crown prosecutors who waved it through and, it appears, actively retained officers for prosecution against police wishes?

The CPS are still not saying why they quashed John Jordan’s conviction. It had previously been guessed that they were protecting the identity of Jim Boyling. Now that is known not to be the case, what possible reason is there for not saying what really went on in that case? Is this just force of habit, refusing to disclose anything until compelled? Or is there some other, more sinister and corrupt, reason?

Legal action by the Guardian, BBC and Press Association continues to try and force disclosure.

JUSTICE FOR A FEW, WHAT ABOUT THE MANY?

The Drax and Ratcliffe convictions have now been quashed. Had activists not exposed Kennedy, these convictions and the 20 from Ratcliffe would stand. The six ‘deniers’ would surely have also been convicted. Mark Kennedy was responsible for 49 wrongful convictions that we know of.

If the other political secret police officers have done the same, it means around 7,000 miscarriages of justice since these counter-democratic spy units were formed in 1968. Even if we conservatively estimate one per officer per year of service, it will be around 600. We could well be looking at the largest corruption of the judicial system in history.

Did Spycops Commit Other Crimes?

CPS logo

The attention paid to the decision of the Crown Prosecution Service not to prosecute undercover police officers focused, rightly, on the invasion of privacy and bodily integrity in their sexual contact with women they spied on.

But in the same statement, the CPS ruled out several other charges.

MISCONDUCT IN PUBLIC OFFICE

In order to prosecute misconduct in public office, the prosecution would have to show that an officer knowingly abused their position in order to bring a sexual relationship about

The police have readily and unequivocally admitted such relationships are abhorrent and an abuse of their position. Speaking for the Association of Chief Police Officers, a body that ran several of the political policing units, Jon Murphy said

It is grossly unprofessional. It is a diversion from what they are there to do. It is morally wrong because people have been put there to do a particular task and people have got trust in them. It is never acceptable under any circumstances … for them to engage in sex with any subject they come into contact with.

In March this year the second Operation Herne internal report into undercover policing declared

there are and never have been any circumstances where it would be appropriate… Such an activity can only be seen as an abject failure of the deployment, a gross abuse of their role and their position as a police officer and an individual and organisational failing

So there we have a police report saying it’s a gross abuse of the officer’s position, but the CPS said there’s insufficient evidence that any officer knowingly abused their position.

Everyone admits the relationships happened and they were a gross abuse. If it is a gross abuse then there is a gross abuser. That must be either the manager who authorised it or the individual undercover officer who did it.

Whichever one it is, former officer Bob Lambert is culpable. He was an undercover officer who had a prolonged relationship including fathering a child with a woman he targeted. After he was promoted to running the squad he mentored Jim Boyling who did the same thing.

If Operation Herne is right and it is both an individual and organisational failing then we should see several officers held responsible for each relationship. Even if they blame the individual officer and claim they disobeyed their guidance, it is negligence on the part of the managers.

But if this came to court, we could expect to see officers from both roles blaming each other. That would be a whole lot of dirty laundry being done in public, and would be likely to point to further abuses. This scandal has already become far too large for establishment comfort. It’s no surprise that the CPS – who helped ensure Mark Kennedy’s evidence was kept from court in the Ratcliffe case, leading to a miscarriage of justice and 20 wrongful convictions – has decided to defy the police’s own admissions of misconduct and keep these officers away from court as well.

BREACH OF THE OFFICIAL SECRETS ACT

The CPS also said that

In order to prosecute a breach of the Official Secrets Act the prosecution would have to prove that the suspect in question disclosed information that would, or would be likely to, damage the work of the security and intelligence services

This is thought to be because officers have named colleagues to civilians. Jim Boyling told the activist he married about several other officers’ identities. This led her to tell Helen Steel that her partner John Barker had in fact been police officer John Dines.

Peter Francis

Peter Francis

Additionally, when Mark Kennedy was confronted by activists who had discovered his true identity, he confirmed activist Lynn Watson had actually been a fellow police officer.

Whistleblower officer Peter Francis has been threatened with prosecution under the Official Secrets Act. The fact that neither Boyling nor Kennedy are to face charges for naming colleagues to the activists they targeted implies Francis faces something of an empty threat. The CPS appear to have declared it’s open season for him, and for any other officers who want to right some of their wrongs, to step forward and name names.

Did Spycops Commit Sex Crimes?

CPS logo Two weeks ago the Crown Prosecution Service announced no charges would be brought against undercover police who had sexual relationships with women they targeted.

The fact that the women consented at the time is irrelevant. Consent can be negated if it is later discovered that there was serious deception involved.

The CPS cited three bits of case law it considered before making its decision. A court decided that Julian Assange’s failure to use a condom after he’d said he would could be rape and should be brought to trial. Another case where a man promised to withdraw before ejaculation, but failed to, was also decided as being capable of amounting to rape. This gives us an indication of the threshold of criminal sexual deceit.

If Julian Assange deserves a trial it is risible to say that these police officers do not. Is anyone seriously suggesting that their profound, prolonged sexual deception lasting years – in several cases having children – is not worthy of a court case, but they would prosecute Mark Kennedy if he had once failed to use a condom as promised?

Conversely, if Assange had been sent into the civil service by Wikileaks and spent many years in a life-partner relationship with a civil servant, solely as part of a spying operation, he would surely be prosecuted for the personal damage he inflicted.

The CPS also mentioned the Justine McNally case. She pretended to be a man in order to have sex with another woman and was jailed for three years in 2013. The Court of Appeal reduced it to a nine month suspended sentence and she was released after 82 days. The conviction stands.

McNally was not an isolated case. Gemma Barker developed three online male personas that she used to deceive young women into having sexual contact with her. In 2012 she was sentenced to 30 months in prison for two counts of sexual assault and three months for one count of fraud.

Trans man Chris Wilson did not tell two female partners of his previous gender before initiating sexual relationships. One relationship involved kissing, a second involved having sex. In April 2013 a Scottish court (whose Sexual Offences Act Scotland 2009 is slightly different to England’s Sexual Offences Act 2003) convicted him of “obtaining sexual intimacy by fraud” and put him on the Sex Offenders Register. He was sentenced to three years probation and 240 hours community service.

There can be no disputing that the secret police’s deceit was on a comparable scale – arguably a far greater one – than McNally’s, Barker’s or Wilson’s. They were not merely lying about their job or the fact that they were already married. They were not just concealing a fundamental truth about themselves that their partners believed they were the opposite of. They were only ever in these womens’ lives as paid agents to undermine and betray those women and what they held most dear. They were living a relationship that was controlled and monitored, perhaps even directed, by a committee of unseen superior officers. This cannot be informed consent. It is abuse.

Whether what the police officers did legally constitutes rape is unclear. Ben Fitzpatrick, Head of Law at the University of Derby, examined the idea from a legal perspective last year over a series of four articles. He concludes that there are several areas in which it is possible that there is a claim.

Clare McGlynn, professor of law at Durham University, is of a similar opinion.

 

It is not clear that English law would cover the sexual activities in these cases as sexual offences, and the undercover officers have not been prosecuted.

I do think they should have been charged and prosecuted for these activities. The women would clearly not have consented to sex had they known the men were undercover police officers. I think there is a level of deception in these cases which raises them above the ‘I love you’ sort of deception [where someone pretends to in love to convince someone else to have sex with them].

 

But, put simply, it is untested. The discussions around the definition are reminiscent of those that happened before rape within marriage was finally legally recognised in England in 1991. The CPS also considered charges of indecent assault against the police officers but, as that has the same consent test as rape, they decided not to prosecute.

What happened to the women deceived by police is rare – and its exposure rarer still – so it doesn’t squarely fit any common definitions based on previous, commonplace crimes. But there is no doubting the seriousness of the psychological and sexual abuse. The legal definition of consent and cases cited above mean there is surely a case to answer.

The inescapable conclusion is that if these men were anything other than police officers they would be prosecuted. The decision not to go ahead is a further part of the cover up of the gargantuan injustice of the political secret police.

Police Forced to Admit Spies Identities

Jim Boyling whilst undercover in the 1990s

Jim Boyling whilst undercover in the 1990s

For the first time ever, the Metropolitan Police have named undercover officers. Following last month’s court hearing, the Met have been compelled to admit that two Special Demonstration Squad (SDS) officers who deceived women they spied on into long-term relationships were, indeed, police officers.

Bob Lambert, who was undercover as Bob Robinson using the identity of a dead boy, had sexual relationships with four women he targeted including a four year relationship co-habiting and having a planned child with one.

Jim Boyling infiltrated Reclaim the Streets under the name Jim Sutton and caused a miscarriage of justice by going through a court case under his false identity, ended up marrying a woman he’d been sent to spy on.

GENUINE LIES

The Met claims the relationships took place against the guidance of managers and were women were the result of ‘mutual attraction and genuine personal feelings’.

Belinda Harvey, who had a relationship with Lambert, said

How can a relationship be genuine when it is based on a massive web of lies? He pretended to be a man with noble ideals and political commitments, when in reality he was a police officer spying on our friendship network.

He pretended he was committed to the future when he always knew he would go back to his real job and wife and kids. That doesn’t show genuine feelings; it is abuse and I would never have consented to such a relationship had I known.

After his deployment, Lambert went on to run the Special Demonstration Squad’s operations. He was Boyling’s mentor and overseer, the very manager who the Met are implying was ignorant of the dangers of sexual relationships. Yet again the Met take a transparently implausible stance and defy the people they abused to disprove it, compounding their already horrific level of personal damage.

In a press release on the Police Spies Out of Lives site that speaks for eight women bringing the case against the police, their lawyer Harriet Wistrich said

The police have been pulled, kicking and screaming, to this first extremely significant development in the litigation brought by the women in their long battle for justice and accountability. It represents a partial victory with the police being forced to acknowledge the identities of undercover police officers who committed serious violations of women’s rights. However, the confirmation does not go far enough, it is mealy mouthed, offensive and lacking in any acknowledgment of the huge abuse of power and harm caused to my clients.

IF LAMBERT GOT IT WRONG, HOW CAN HE BE RIGHT?

Bob Lambert whilst undercover in the 1980s

Bob Lambert whilst undercover in the 1980s

When the SDS was still a secret unaccountable unit, Bob Lambert was seen as a role model. ‘He did what is hands down regarded as the best tour of duty ever,’ said a former officer. But as their activities get dragged into the light of public scrutiny and mainstream morality, they are seen for what they are. Not even the Met can defend their actions and claim that what happened to those women was in any way acceptable.

Lambert currently holds academic posts at London Metropolitan University and the University of St Andrews, trading on his ‘counter terrorism’ experience. The police proclamation that sexual relationships are unethical further undermines his credibility as an authority on undercover policing. Either he used sexual relationships as a tactic or else he coincidentally got over his ‘mutual attraction and genuine personal feelings’ at the same time as his deployment ended and abandoned his own child without any support from his well remunerated job.

Rather than being trusted to train the next generation of infiltrators, Bob Lambert is more like a case study in how wrong it can go. His continued employment discredits the institutions that hire him.

TWO DOWN, TWO TO GO

Helen Steel

Helen Steel

Whilst the Met’s admission of undercover officers’ names is historic, it is the minimum they could get away with. They are still refusing to concede the identity of two other officers in the case, behaviour that’s just as absurd as their earlier refusal to admit the identities of Lambert and Boyling.

Everybody has known for years that Mark Cassidy was the undercover officer Mark Jenner. Everybody has known for years that John Barker was the undercover officer John Dines. The real John Barker was an 8 year old boy who died of leukaemia whose identity was stolen by Dines.

How long can they insult their victims and obstruct justice with such transparent nonsense? It is time to admit what they’ve done.

Helen Steel, who had a long-term relationship with John Dines, told this morning’s Radio 4 Today programme

These guys were saying that they loved us, that they wanted to be in our lives for the rest of their lives and yet they knew that their posting was going to be ending in just a few years time and that they were going to disappear from our lives and leave us bereft. That is not love, that is abuse.