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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.

Spycops Demand Freedom from Accountability

Demonstration against Andy Coles, Peterborough Town Hall ,11 Oct 2017

Demonstration against Andy Coles, Peterborough Town Hall, 11 October 2017

Former undercover officers from Britain’s political secret police are demanding anonymity from the public inquiry.

They claim having their real names published puts them at risk of harassment and physical harm from those they spied on, and also presents ‘a real risk to employment and reputation’.

Though police give the media details of countless accused but unconvicted citizens every day, they seem to feel officers from these disgraced units are a breed apart who deserve much greater privacy.

The spycops say they fear they may become the target of the kind of harassment experienced by exposed officers Bob Lambert, Andy Coles and Jim Boyling. Except this is not harassment.

Boyling has not been subjected to any organised campaigning. Rather, he complains that on two occasions people he spied on have bumped into him and briefly remonstrated with him, and even he says that isn’t actually intimidation, let alone violence. He suggests that when two cars in his street got damaged it might have been the work of vengeant activists, even though there was nothing to indicate who did it or that it was aimed at him.

ORGANISED CAMPAIGNS

Bob Lambert and Andy Coles have both been the subjects of organised campaigns. The focus has not been them as individuals, but them being in roles which are wholly inappropriate – the list of incidents compiled by the police’s own lawyers plainly shows this.

Meanwhile, Lambert complains that he has been called a rapist. Whether his, and other spycops’, sexual abuse amounts to rape is something that is still untested in law. However, many of the deceived women have made it clear that they did not and could not give informed consent.

Jacqui, who was deceived by Lambert into a two year relationship and having a child, said:

‘I was not consenting to sleeping with Bob Lambert, I didn’t know who Bob Lambert was… it is like being raped by the state. We feel that we were sexually abused because none of us gave consent.’

The rest of the things on Lambert’s list of supposed intimidation he’s suffered all happened to him in his public roles, with the possible exception of two incidents of being ‘confronted by hostile activists while travelling to work’. He says himself that, like Boyling, he has not been subjected to any violence.

It seems both Lambert and Coles failed to tell their employers about their past, implying that they knew the people hiring them would take a dim view of it. In other words, they know the reasonable citizen is likely to see them as abusers. As soon as he was exposed in May this year, Coles resigned as Cambridgeshire’s Deputy Police and Crime Commissioner without any prompting.

This is not about officers being hounded by rabid activists out for revenge, it’s an unwillingness to face the justified shame and scorn they would receive as people who have committed appalling acts.

We don’t see people in other walks of life even attempting this sort of thing. No bank robber has been found guilty and then asked to be kept anonymous as it will upset them if their neighbours find out or it might make future employers think they’re untrustworthy. The spycops aren’t asking for protection from harassment, they are really demanding immunity from accountability.

AFTER THE SPYCOPS

When he was exposed in 2011, Lambert was teaching a new generation of police managers at universities (he resigned in 2015). Coles, who sexually groomed a teenager whilst undercover, is a City Councillor and school governor.

Another one is John Dines, who abused Helen Steel whilst undercover in the 1990s. Because she knows his real name, Steel discovered he is training political undercover police in Australia.

Helen Steel confronts John Dines, 2016

Helen Steel (right) confronts ex-spycop John Dines, March 2016

These men all grossly abused their positions of power to violate the citizens they are supposed to protect and undermine the democracy they are supposed to serve. No other public servant could act so shamefully, so far from the intended purpose of their agency, and expect to be shielded from the discomfort of public opprobrium.

The other exposed officers, despite having perpetrated similar abuses which many would think justifies their being confronted, have been not challenged like this at all – quite the opposite.

The activists who exposed Mark Kennedy went to great lengths to protect the identities of his family (which Kennedy then published when he sold his story to the Mail on Sunday). The group who exposed Carlo Neri withheld his real name to protect his children. They have even withheld the full cover names of officers ‘RC‘, Gary R and Abigail L.

Numerous officers’ current whereabouts are known to activists and researchers. As far as we know, none of them have been threatened with any physical harm and no effort has been made to confront them in their private life. They have only been targeted if they are in roles for which, as one journalist put it, they are ‘uniquely unqualified‘. 

If anything, the campaigners have engaged in the lawful democratic processes that the spycops sought to suppress and undermine. The institutions Lambert and Coles are involved in have been leafleted and spoken to, dealing in facts. Since Lambert resigned from his teaching roles he appears to have been left alone. The same is likely to happen to Andy Coles once he bows to the inevitable and relinquishes his remaining positions of civic trust.

THE TRUTH, THE WHOLE TRUTH

Publishing a spycop’s cover name still leaves the officer hidden, but it lets those who knew them while undercover come forward and tell us what happened. It is the essential prerequisite to getting the truth.

Just having a cover name published does not lead to an officer’s real identity being known. Indeed, that is the whole point of a fake identity. Long-exposed officers such as Rod Richardson and Lynn Watson are still living in anonymity because, unlike the others, they did not give their real names. But when an officer remains unknown to the public, what else is being hidden?

Without the real names, we would never have known that Lambert was using his disgraced past as a platform to pass on his ideas to his successors. We would not know that Andy Coles, who groomed a naive teenager for sex, has positioned himself in inappropriate roles in which he’s endorsing agencies trying to protect older teenagers at risk of sexual exploitation. Who knows how many other ex-spycops are still perpetuating their abuses?

The Catholic church has been condemned for its former practice of dealing with abusive priests by paying off victims and moving the offender to a new parish where the unaware congregation was left vulnerable to further abuse. Withholding spycops’ real names has a similar effect. 

Even if we believe exposing them really would put them at risk, it is still not necessarily a reason to grant them anonymity. As Phillippa Kaufmann QC pointed out to the Inquiry last month, the state is used to dealing with such things in witness protection schemes, providing assured security for people at far greater risk – and a lot less guilty – than spycops.

Doreen Lawrence, whose family’s campaign was spied on, said:

‘They were doing the deception. Why should they be allowed to be anonymous while people like me had their faces all over the newspapers ? These people were not innocent. They knew what they were doing.’

Those officers who have done nothing wrong have nothing to fear. Those who have done wrong should be held to account. It cannot begin to happen without the release of the cover names. It cannot properly happen without the release of the real names.

Women Deceived by Spycops Launch UN Case

CEDAW logo: UN Committee for the Elimination of All Forms of Discrimination Against WomenSeven women deceived into long-term intimate relationships by undercover police officers have lodged a complaint with the UN Committee on the Elimination of Discrimination Against Women (CEDAW).

All were targeted by officers from Britain’s political secret police units for relationships that were psychologically and sexually abusive, the most complete invasion of privacy it is possible for the state to enact.

In 2015 the Metropolitan Police apologised to the seven and agreed that the practice

caused significant trauma… it was a gross violation and also accept that it may well have reflected attitudes towards women that should have no part in the culture of the Metropolitan Police… some officers may have preyed on the women’s good nature and had manipulated their emotions to a gratuitous extent

The fact that they were abused in very similar ways by five different officers over a period of 25 years indicates that this was not rogue officers but was a conscious strategy on the part of the spycops units. Despite receiving the Met’s apology in 2015, the women still have not had any real answers or explanation of why they were targeted. 

This has been compounded by the government’s protection of the abusers. They have failed to prosecute or discipline any of the officers concerned or their managers, and refused to amend UK law to unambiguously make such relationships an offence. They have also failed to name other officers from the units who may have also abused women in this way.

The UN Convention on the Elimination of all forms of Discrimination against Women was adopted in 1979 by the UN General Assembly.  A Committee of 23 independent experts on women’s rights from around the world monitors its implementation. 

In 2004, the UK ratified the Optional Protocol to CEDAW, which allows people who have been subjected to discrimination under the convention and exhausted all domestic remedies to make complaints (since ratification, only three complaints have been made to the CEDAW committee and all have been held to be inadmissible).

Helen Steel, one of the women bringing the case, explained their motivation.

‘Our central aim in bringing this case is to make sure that these abusive relationships are not allowed to happen again. The repeated use of women in this way by undercover policemen is a form of discrimination against women and a barrier to women’s rights to participate in protest activity.’

Another of the women, Lisa, emphasised that the claim is only asking the government to live up to the values it professes to hold.

‘In signing up to this Convention, the UK has committed itself to work to end discrimination against women. If the committee finds against the UK it will be a huge embarrassment and will shine a spotlight on the institutional sexism in the police and the government’s ongoing failure to outlaw these abusive practices.’

The institutional sexism of the Met is apparent in looking at who was targeted; most of the known officers were men, and all of the long-term intimate relationships were male officers abusing female citizens. 

Harriet Wistrich, solicitor for the women, explained:

‘CEDAW has a complaints procedure which is broad in reach, enabling the women to cite gender based violence, gender stereotyping and the impact on reproductive rights, as part of a pattern of institutionalised discrimination by the State in this case.’

The case has been launched to coincide with the 16 days of action called by the United Nations that commenced with International Day for the Elimination of Violence against Women on 25th November and culminates in Human Rights Day on 10th December. It comes a few days after the Met conceded that the relationships amounted to ‘torture, inhuman or degrading treatment’ of the women concerned.

You can read the details of the women’s complaint and background details in their press release.

 

Germany Asks to Join Spycops Inquiry

Most Known Spycops Worked Outside England & WalesThe German government have formally asked to be included in the forthcoming Pitchford inquiry into undercover policing. Five officers from Britain’s political secret police units are known to have been in the country.

Special Demonstration Squad whistleblower Peter Francis says he was the first officer to work abroad when he was sent to an anti-racist gathering in Bavaria in 1995. Francis was accompanied by his handler who stayed in a nearby hotel – the infamous former officer turned overseer Bob Lambert. The recently exposed officer known as RC is also reported to have been in Germany around ten years after Francis.

Mark Kennedy was also a frequent visitor to the country, and in 2007 went with fellow officer Marco Jacobs. Kennedy was arrested in 2006 in Berlin for arson after setting fire to a dumpster, and again at an anti-G8 protest in 2007. He gave his false name to authorities which – along with arson, of course – is a crime in Germany.

Like the Scottish government’s similar request, the German demand follows years of sustained effort by parliamentarians from the left-wing and Green parties. Tenacious parliamentarian Andrej Hunko has been working on this since Kennedy was first uncovered, and this week he welcomed his government’s call and spelled out the seriousness and breadth of the issue.

SCOTLAND WAITS AND WAITS

The forthcoming Pitchford inquiry is planning to only examine actions of spycops in England and Wales. As the majority of exposed officers were active in Scotland (and Scottish chief constable Phil Gormley had oversight of both spycops units at the key time) it is patently absurd to exclude Scotland from the inquiry.

Despite their government formally asking to be included last year, and even Tories demanding Theresa May accede, there has been no real response. It has been six months now, yet we have merely been told time and again that “talks are ongoing”.

With the preliminary sessions of the inquiry mostly over, it is starting to look like the Home Office is simply stalling and that the lack of a response will effectively become a refusal once the inquiry begins.

For their part, two representatives of the inquiry fielded questions at the recent conference hosted by the Monitoring Group and Centre for Crime and Justice Studies. They told those attending that it would be nonsense to exclude part of an officer’s story just because it happened abroad, and the inquiry would want the full picture.

Whilst this is some comfort, it is far from good enough. Firstly, the spoken assurance of underlings is very different to the declared decision of the Chair.

More importantly, it avoids many of the real issues. Spying abroad raises questions far beyond the officers’ own stories. Who organised it? Who decided their remit and purpose? How much did the host country know? Who is responsible for crimes committed by officers whilst abroad?

Peter Francis says SDS officers were given

absolutely zero schooling in any law whatsoever. I was never briefed, say for example, if I was in Germany I couldn’t do, this for example, engage in sexual relationships or something else.

NORTHERN IRELAND ALSO IN THE QUEUE

The Police Service of Northern Ireland (PSNI) says police weren’t even told that spycops were being deployed there. Yet German police confirmed to Andrej Hunko that Mark Kennedy was directed and paid by German police. Which operations were done which way, and why?

That mention of ignorance is the first official comment from police about spycops being in Northern Ireland. SDS officer Mark Jenner was there in August 1995 fighting with nationalists in a violent clash with the loyalist Apprentice Boys of Derry march.

This week PSNI’s Assistant Chief Constable Mark Hamilton told the BBC that nobody in the Northern Ireland police was ever aware the SDS were there, nor of any information being passed to them from the SDS.

With myriad other undercover operations going on in Northern Ireland during the conflict, to have sent Met officers in seems dangerously blase at best. Hamilton said

risk assessments have to be carried out. Anybody who’s deployed here without those assessments would be, in my view, an act of madness.

It seems hard to believe the SDS were so cavalier as to send their officers blundering in like that. Perhaps their contacts in the Northern Irish police aren’t admitting anything. Perhaps the SDS was working with some other arm of the British state. Or maybe this really is another area where the SDS simply didn’t think about the possible impacts on the people it worked among.

All this only refers to the SDS in Northern Ireland. Mark Kennedy, of the National Public Order Intelligence Unit, was active in Belfast in 2008. He was there with activist Jason Kirkpatrick who has had confirmation that the Northern Irish government has also asked to be included in the Pitchford inquiry.

ALL IRELAND SPYING

Kennedy was a repeat visitor south of the border as well, notably fighting with police in a Mayday demonstration in 2004. It’s been five years since this was made public knowledge and Michael D Higgins TD – now president of Ireland – demanded an explanation.

SDS officer Jim Boyling was there in the mid 1990s so it’s clear the Republic, like the North, has a long history of being targeted by both of Britain’s main spycops units.

HOW MUCH MORE?

Last year we compiled a list of 17 countries visited by spycops over a period of 25 years. It is barely the beginning. All of these instances come from the fifteen exposed officers from the political secret police units. There are over a hundred more about whom we know nothing.

How much more of this – and what else that we haven’t even imagined – did they do? What campaigns did they infiltrate? Whereabouts were they? What crimes did they commit? Which children are still looking for disappeared fathers under false names?

Their actions – which the Met itself describes as “manipulative, abusive and wrong” – were perpetrated against uncounted numbers of people. The apologies and inquiry apply to actions in England and Wales, but it is no less abhorrent if the victim is abroad and/or foreign.

The German request is a major event. The extensive incursion of spycops into politically sensitive Irish territories surely means there will surely be more demands for inclusion and information coming from there as well. Affected activists have also initiated a legal case in Northern Ireland to force inclusion in the inquiry, a tactic that may well spread to other countries. Yet the disdain with which the Scottish government’s long-standing demand has been treated by the Home Office means the fight is far from over.

The arrogant disregard for the personal integrity and wellbeing of individuals was carried over to the laws and statutes of entire countries. Everyone who has been abused by spycops deserves the full truth, be they a solitary citizen or a sovereign nation.

Follow the Spycops Across Borders

Andrej Hunko's letter to Theresa May

Andrej Hunko’s letter to Theresa May

German MP Andrej Hunko, who has taken great interest in Mark Kennedy’s deployment in Germany, has written to the Home Secretary insisting that the forthcoming inquiry into undercover police includes UK officers’ actions abroad.

It comes after May’s announcement last week which, whilst scant on detail, did specify that it will cover “operations conducted by English and Welsh police forces in England and Wales”.

It’s known that officers from the political police units have been going abroad for about twenty years. Conversely, their foreign counterparts work over here.

Thanks to Hunko’s tenacious research, it has been established that Berlin police sent five undercover officers to the anti-G8 protests in Scotland in 2005. It’s not clear how many came from elsewhere in Germany or other countries. These were in addition to the UK officers there, which included Mark Kennedy and Lynn Watson.

A report by Her Majesty’s Inspectorate of Constabulary (HMIC) confirmed that Kennedy worked in 14 countries. This isn’t quite the 22 he claims, but whichever is true, it is hugely significant.

Kennedy had sexual relationships whilst undercover in Germany, which is strictly forbidden in that country. Hunko’s letter continues,

 

German parliamentarian Hans-Christian Stroebele said in the press that Kennedy is known to have played a part in at least three minor crimes in Germany, something that a German undercover agent is not permitted to do.

German MP Ulla Jelpke further proclaimed, ‘the suspicion that Kennedy was acting as an agent provocateur in these crimes still cannot be ruled out’

The extensive information Hunko has prised from the German authorities (32 page PDF) includes the fact that Kennedy was paid by German police whilst working there.

Hunko has previously revealed that

Foreign police officers must obtain authorisation before entering the territory of a sovereign state. They must not commit any criminal offences during their stay. Kennedy, however, sought to impress activists in Berlin by setting fire to a refuse container. Arrested by the police, he even concealed his true identity from the public prosecutor. This is illegal, as the Federal Government has indicated now.

Kennedy was a serving Met officer, hired out to use the identity and methods the Met trained him in. The idea that this bears no relevance to the subject of the inquiry is absurd.

Theresa May’s announcement clearly said

The inquiry’s investigation will include, but not be limited to, the undercover operations of the Special Demonstration Squad and the National Public Order Intelligence Unit

If it is to do that, it must look at how the whole thing worked, it cannot be geographically selective. If this embarrasses the British establishment in the eyes of other countries, so be it. It may uncover more layers to the structure; this, too, is surely one of the points of having the inquiry in the first place.

Andrej Hunko

Andrej Hunko

Hunko’s questions exposed the hitherto unknown European Co-ordination Group on Undercover Activities that organises and focuses undercover work. Established in the 1980s, it is comprised of all EU member states and other countries such as the USA, Israel, South Africa and New Zealand, plus selected private companies. It meets irregularly and says it doesn’t keep minutes. According to the German government, the UK and Germany are the trailblazers in the group.

Far from the undercover scandal being centred on a rogue officer or a rogue unit, the UK’s tactics increasingly appear to be part of a concerted effort in which governments and corporations act together across borders.

It is notable that the aforementioned 2005 G8 summit is beyond the proposed scope of the remit, as it took place in Scotland. Yet Kennedy worked for the National Public Order Intelligence Unit (NPOIU) which a 2003 HMIC report confirmed

performs an intelligence function in relation to politically motivated disorder (not legitimate protests) on behalf of England, Wales and Scotland

If the inquiry excludes Scotland, it excludes part of the NPOIU’s remit.

After his police contract ended, Kennedy stayed in the same community of activists, under the same Met-created identity, using the same methods to spy on them, working for a company set up and run by Rod Leeming, another ex-political police Met officer.

As we’ve previously described, this was not an isolated instance, the entwining of political police and their private counterparts has been going on for decades, and it would be ludicrous to exclude this overlap from the inquiry.

We can presume the German police paid the NPOIU for the use of their officer Mark Kennedy. There can be no claiming that the Met were not responsible, nor that counter-democratic activity and personal abuse by Met officers are somehow insignificant if done elsewhere or with a different institution signing the paycheque.

The dogged persistence of Hunko (assisted by the German government’s more open approach to MPs asking about the subject) means there is a formidable body of evidence about an NPOIU officer’s undercover activity, including the commission of crimes and sexual abuse. This must not be excluded from the inquiry.

Furthermore, if that is what we have about one officer, in one of his 14 countries, what else is there to uncover? For the inquiry to be credible, it must investigate all significant elements of the work of the political policing units.

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.

Scotland Excluded from Pitchford Inquiry

Most Known Spycops Worked Outside England & Wales

After months of stalling, the Home Office has finally decided to exclude spycops activities in Scotland from the Pitchford inquiry into undercover policing.

In a letter to Neil Findlay MSP on 25 July 2016, Policing Minister Brandon Lewis said that Theresa May had taken the decision as one of her final acts as Home Secretary.

Rather like an American president’s cluster of controversial pardons or David Cameron’s showering of honours on undeserving acolytes, it appears to be the act of pulling the pin out and running, knowing they will be out of the blast radius when it goes boom.

Scotland was not merely incidental to the Special Demonstration Squad and National Public Order Intelligence Unit. The majority of known officers worked there. Officials admit Mark Kennedy made 14 authorised visits to the country. During these, he had numerous sexual relationships that the Met themselves have described as ‘abusive, deceitful, manipulative and wrong’ and a breach of human rights. He was far from the only one – Mark Jenner, Carlo Neri and John Dines all did the same.

The letter confirming Scotland’s exclusion goes on at length about how the Inquiry is unable to change the terms of reference. We know, that’s why we didn’t go to the Inquiry but instead addressed the Home Secretary who made up the terms of reference and can change them at will. This isn’t the law of gravity we want altering.

The Home Office say the Inquiry will get the general idea of undercover policing from only looking at events in England and Wales. This is an outright betrayal of the people and campaigns abused by spycops in Scotland and elsewhere.

The Pitchford inquiry should not be about getting a rough idea of what happened in order to ‘learn lessons’. It should give the public and victims the truth and, from there, the chance of justice.

The spycops committed crimes in England and Wales, some of them serious. They were agents provocateur, lied in court and set people up for wrongful convictions. They are known to have engineered dozens of miscarriages of justice, and the true figure may be in the thousands. They systematically sexually and psychologically abused women, in some cases fathering children with those they spied on. They stole the identities of dead children from unwitting bereaved families.

Every instance of these things should be exposed wherever it happened, every officer should be held accountable. Every person affected deserves to know what was done to them and the state should give them all the support and opportunity for redress that they need.

It was the same officers doing the same things in Scotland. No other organisation would be allowed to say ‘we have apologised to a few of the people we harmed, so let’s keep all the rest secret’.

The Home Office letter says the inquiry may choose to take information about miscarriages of justice seriously and pass them on to other agencies. It says nothing about the inquiry seeking out such information as part of its inquisitorial role. Given that events in Scotland are outside its remit, Pitchford may even feel bound to deny the chance for such evidence to be given.

The Home Office refer to the lack of time to fit any change in, even though the Scottish government formally requested inclusion seven months ago and the inquiry hasn’t started yet.

This is also a constitutional issue. The snub will appear to many in Scotland as further proof of Westminster treating the nation as a second class part of the United Kingdom.

In the Scottish Parliament debate a month ago, all parties were united in their desire for inclusion in the Pitchford inquiry. The SNP were repeatedly asked if, as the four opposition parties desired, there would be a separate Scottish inquiry in the event of exclusion. The spokesperson for the government dodged the question on the grounds that there was no exclusion yet. That time is over.

Seen in tandem with the recent denial of ‘core participant’ status to people who have been intensively targeted by spycops, the refusal to include Scotland suggests a worrying trend in the inquiry’s organisation, shutting out essential elements before it has even begun.

Those who know they were spied upon will surely be willing to tell their stories in an arena that takes them seriously. Perhaps a Scottish inquiry would take a more open approach than Pitchford and may even become the more credible of the two.


The full text of the letter to Neil Findlay MSP:

Brandon Lewis MP
Minister of State for Policing and the Fire Service

25 July 2016

Dear Neil,

Thank you for your correspondence of 1 June addressed to the former Home Secretary on behalf of your fellow MSPs regarding your position that the scope of the undercover policing inquiry should be extended to include Scotland. I am replying as the Minister of State for Policing and the Fire Service.

The current terms of reference for the undercover policing inquiry specify that it should ‘…inquire into and report on undercover police operations conducted by English and Welsh police forces in England and Wales’. This geographical limitation reflects both the police forces involved and the scope of the Home Office’s responsibility for policing.

For a number of reasons, it is not possible to expand the geographical scope of the inquiry without formally amending the terms of reference. The Inquiry chairman has a wide discretion as to which documents he reviews as being appropriate within the terms of reference. However, given the parameters of the inquiry established by the terms of reference, he will not be able to make any determinations or recommendations with regard to activities within any other jurisdiction, even if such evidence is submitted. If the inquiry were  to look at evidence relating to another jurisdiction, for example because it was implied that they should do so, a risk arises that it would be acting outside of its powers, as defined in the terms of reference.

The former Home Secretary carefully considered the representations made regarding the extension of the undercover policing inquiry beyond England and Wales. The inquiry as it stands is extensive and complex, with around 200 core participants. Amending the terms of reference at this stage would require further consultation and delay the progress of the inquiry. In the interests of learning lessons from past failures and improving public confidence, it is important that the inquiry can proceed quickly and make recommendations as soon as possible. The Home Office is confident the inquiry can both gain an understanding of historical failings and make recommendations to ensure unacceptable practices are not repeated without the need to consider every instance of undercover policing, wherever it was under taken. On balance, therefore, the former Home Secretary has confirmed she does not intend to amend the terms of reference.

You may be aware that there have been suggestions that, as an alternative to changing the terms of reference, the inquiry could pass any relevant evidence it receives to another organisation to consider. As the inquiry is independent, it can not be directed to do so – although the Inquiry may, of its own volition, do this if it considers this appropriate (for example, because evidence received reveals a potential miscarriage of justice or criminal conduct). During the lifetime of the Inquiry any material which it receives will only be passed to a third party with the express permission of the supplier of that information.

Once the Inquiry is concluded, all material will be lodged with the National Archives and the usual rules of access to archived material will then apply.

Brandon Lewis MP

 

Police Apology for Relationships: Where Next?

L-R: Kate Wilson, Helen Steel, Belinda Harvey and their lawyer Harriet Wistrich at their press conference, 20 November 2015 (Pic: Danny Shaw, BBC)

L-R: Kate Wilson, Helen Steel, Belinda Harvey and their lawyer Harriet Wistrich at their press conference, 20 November 2015
(Pic: Danny Shaw, BBC)

It’s an extraordinary statement by any standards. Even when the police pay large compensation, they usually do so with no admission of culpability for anything. But last Friday they issued a detailed, unreserved apology for the abuse of women who had relationships with undercover police officers.

Assistant Commissioner Martin Hewitt even made a video of the admission, bluntly stating for the record that the relationships were

abusive, deceitful, manipulative and wrong. I acknowledge that these relationships were a violation of the women’s human rights, an abuse of police power and caused significant trauma…

Most importantly, relationships like these should never have happened. They were wrong and were a gross violation of personal dignity and integrity.

 

The outrageousness and severity of how these women were treated is finally an acknowledged, settled fact.

MORE QUESTIONS THAN ANSWERS

Some of the harrowing, heart wrenching impacts were spelled out by Lisa Jones – partner of Mark Kennedy for six years and whose discovery of his true identity brought the issue to light – when she gave her first ever interview on Friday.

As “Rosa”, who had children with undercover officer Jim Boyling, said,

This has affected my whole view of the state and it went as deep as my womb

 

Kate Wilson’s description of what was done to her was similarly powerful, and her highlighting of the continuing lack of transparency – “the police have made no effort whatsoever to provide any kind of answers” – shows that all this is far from over.

It echoes what was said a year ago when the Met settled the first such case. Jacqui, who had a child with Bob Lambert, received £425,000 compensation but said

The legal case is finished but there is no closure for me. 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.

 

Although Friday’s apology is a major historic victory, it is only confirming that what the women already know to be true. There is so much more still hidden from view.

TIME TO TAKE CHARGE

The Met’s admission of their officers’ serious abuse must surely mean that the Crown Prosecution Service have to revisit last year’s extraordinary decision not to bring charges against these officers for sexual offences.

As Gayle Newland starts her eight year sentence for creating a false identity to deceive someone into a sexual relationship, it’s pretty clear that if this gang of men weren’t police officers they would already be behind bars. Nobody else would get away with just giving an apology and a cheque from public funds.

The CPS also decided not to prosecute them for other offences, explaining

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

 

It is hard to see how anyone could say anything else now. The Met have just conceded that the relationships didn’t just happen but

none of the women with whom the undercover officers had a relationship brought it on themselves. They were deceived pure and simple…. [it was] an abuse of police power


STRATEGIC INSTITUTIONAL SEXISM

But even now, the Met can’t quite admit the whole truth. They

accept that it may well have reflected attitudes towards women that should have no part in the culture of the Metropolitan Police

They still can’t bring themselves to use the word ‘sexism’. The Met is institutionally sexist as well as institutionally racist. This cannot ever change if they refuse to fully face the facts, and in this apology they just shied away once again.

Police say relationships were never authorised in advance and were never used tactically. But the overwhelming majority of known officers – all but two – did it. Most had long-term, committed life-partner relationships. One of them, Bob Lambert, lived with a woman and fathered a child before going on to run the unit, overseeing protegee officers who did the same thing, including ones involved in this week’s settlement. He must surely have known.

Sometimes officers were deployed together. Certainly, Lambert, Marco Jacobs and Lynn Watson saw colleagues having relationships. So, did they fail to report this ‘grossly unprofessional, never allowed’ behaviour to their seniors (thereby placing themselves at risk if they were ever found out)? Or did they report it but their bosses didn’t intervene? Or was it, as it appears, an established, accepted tactic?

PULLING BACK THE SHROUD OF SECRECY

Three years ago police lawyers said relationships weren’t authorised, trying to blame individual ‘rogue officers’ and shield managers from responsibility. But then it was pointed out that if this was unauthorised behaviour then it wasn’t covered by the rules governing surveillance in the Regulation of Investigatory Powers Act. If that were so then any case would be heard in open court instead of a secret tribunal where the womens’ side weren’t allowed. So those same lawyers went back to the same court and argued that relationships were actually authorised after all.

That was just one twist in the course of the four years and hundreds of thousands of taxpayers’ pounds police spent trying to stop these women bringing the facts to light. The blanket use of “Neither Confirm Nor Deny” to refuse to even admit anyone was a police officer was an additional insulting hurdle to make the path to truth more gruelling.

It’s a pattern familiar from so many other justice campaigns – there’s the injustice of what the police did, then the double injustice of the cover-up, smearing and legal obstacles that follow.

The apology statement rightly mentioned the extra distress caused by the protracted legal case and paid tribute to the tenacity and mettle of the women.

Even now, having just paid compensation and apologised to the women abused by John Dines and Mark Jenner, the police have not actually confirmed they were Special Demonstration Squad officers.

Nonetheless, the apology, like the agreement to be liable for damages paid to people spied on by Marco Jacobs, is effectively an admission that these men were police. It is another hammer blow to the devious, farcical tactic of Neither Conform Nor Deny. With the public inquiry still to come, that is significant.

A GRAIN OF TRUTH – TIME FOR THE HARVEST

All the appalling abuse these women suffered came from just five police officers. Even this isn’t the end of it – there are several other similar cases are still ongoing, including more partners of Mark Kennedy and Marco Jacobs.

We only know of the exposed officers due to the investigations and luck of activists and journalists. These are not necessrily the worst of them, merely what chance has revealed. There is so much more beyond. We have the names of around a dozen officers, less than 10% of those known to have worked undercover in the political secret police units.

How many other women were similarly abused? How many other children searching for their fathers are doomed to failure because it’s a name a police officer made up or stole from a dead child? How many campaigns were stymied? What other outrages have occurred that none of the known officers committed? At least 500 groups and uncountable thousands of individuals were spied on. They all have a right to know.

If these seven women deserve justice, so do the rest. If the public deserves the truth it deserves the whole truth, not somewhere under 10% of it.

Chair of the forthcoming public inquiry, Lord Pitchford, says

The Inquiry’s priority is to discover the truth

The only way we will get the truth is if those who were targeted tell their stories. The only way that can happen is if they know that their former friend and comrade was in fact a police spy. If the Inquiry is to serve its purpose, and if the Met are truly contrite, then they must publish the cover names of all undercover officers from the political policing units.

The Pitchford Inquiry’s Geographical Blinkers

 

Most Known Spycops Worked Outside England & Wales

The public inquiry into undercover policing is in a stage of active preparation, with the hearings expected to start properly next summer.

We’ve already had the inquiry’s Terms of Reference set out by the Home Secretary. It will

 

inquire into and report on undercover police operations conducted by English and Welsh police forces in England and Wales since 1968.

 

This

 

will include, but not be limited to, the undercover operations of the Special Demonstration Squad and the National Public Order Intelligence Unit.

 

More than half the exposed officers from those units worked outside England and Wales. They spied in at least seventeen different countries over a period of 25 years (the Undercover Research Group has produced a detailed list of dozens of instances). If this is the case with the known officers, it’s safe to presume many of their colleagues did it too.

Some officers are known to have committed crimes whilst working undercover abroad. It’s more than two years since German MP Andrej Hunko told the UK parliament.

 

Mark Kennedy was accused and found guilty of an arson attack in Berlin. But he was giving evidence in court under his false name to escape legal proceeding under his real name.

 

This is exactly the sort of thing that is the subject of the inquiry – if it’s in England and Wales. If the British police are farming these activities out on a large scale to dozens of countries it surely warrants proper investigation.

Conversely, Hunko has discovered that German police sent numerous undercover officers to the anti-G8 protests in Scotland in 2005. It is hardly likely to have been a one-off.

If an officer’s actions are an outrage in England and Wales, the same deed is equally an outrage if committed elsewhere. Who is responsible if an English undercover officer commits crimes whilst working abroad? What protects the public from foreign spies here? What deals are done between governments? If these officers aren’t reined in when working in the UK, are they even more cavalier toward citizens, laws and rights when away from their overseers?

As it stands, the Pitchford Inquiry appears uninterested in the answers. Its stated aim is to explore “the motivation for and scope of, undercover policing operations in practice and their effect upon individuals in particular and the public in general”. The geographical blinkers are a barrier to this. If it refuses to look at a significant element of the work of many officers, the inquiry cannot get a thorough overview and so undermines its very purpose.

This restriction in the Terms of Reference was handed to Pitchford and his team by the Home Secretary. It’s time for the inquiry, and others, to insist that she drops this clause.

If it is to be credible, the Pitchford Inquiry must give equal weight to equivalent actions and experiences of undercover officers and their victims, wherever they happened to be. The limit of England and Wales has to go.

= = = = = = = = = = =

British undercover officers and the countries they worked in

Mark Kennedy

A 2012 report by Her Majesty’s Inspectorate of Constabulary refers to Kennedy professionally visiting 11 countries on more than 40 occasions, including 14 visits to Scotland. As with so much else, officialdom has not been forthcoming and the real work has been done by spied-on activists and allied journalists. It appears these countries included:

1. Scotland
2. Northern Ireland
3. Ireland
4. Iceland
5. Spain
6. Germany
7. Denmark
8. Poland
9. USA
10. France
11. Belgium

Mark Jenner
1. Israel
2. Greece
3. Netherlands
4. Thailand
5. Vietnam
6.Ireland
7. Northern Ireland
8. Scotland

In Northern Ireland, Jenner took campaigners on a trip to republican West Belfast and Derry which included meeting Sinn Fein councillors. He also took part in fighting when nationalists clashed with a loyalist Apprentice Boys of Derry march.

Marco Jacobs
1. Poland
2. Germany
3. France
4. Scotland

Rod Richardson
1. Italy
2. Netherlands
3. France

Peter Francis
1. Germany
2. Greece

Jim Boyling
1. Ireland
2. Italy

John Dines
1. Scotland
2. Ireland

Lynn Watson
1. Scotland

Jason Bishop
1. Scotland

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.