Content tagged with "Legal cases"

Hogan-Howe: A Legacy of Cover-Ups

Bernard Hogan-Howe

Bernard Hogan-Howe

Bernard Hogan-Howe is to resign as Commissioner of the Metropolitan Police. Among the numerous dubious areas of his career (see the Undercover Research Group’s profile for more), he cultivated the Met’s cover-up and obstruction in the spycops scandal.

When Mark Kennedy was exposed in 2010, Hogan-Howe was working for HM Inspectorate of Constabulary (HMIC). As we detailed last week, he drafted their report into the scandal, which was pulped just hours before publication because new revelations proved it was untrue.

Even the second version, completed by Denis O’ Connor, was essentially a whitewash that blamed Mark Kennedy and absolved management.

By the time that report came out, Hogan-Howe was Commissioner of the Met. He set up Operation Herne, the Met’s self-investigation into spycops, appointing Pat Gallan as its head.

MARKING THEIR OWN HOMEWORK

In February 2013 Gallan testified at a Home Affairs Select Committee hearing on spycops. Repeatedly pushed on the fact that officers stole the identities of dead children, she refused to apologise for the practice (or anything else). She said there had only been one instance that she knew of until the Guardian had exposed another the day before the hearing. In actual fact, the practice was mandatory for Special Demonstration Squad officers from the 1970s to the 1990s.

Gallan’s performance was so outrageous that she was rapidly removed from her post. In an attempt to make Operation Herne appear more independent, her replacement was Mick Creedon, a senior officer from outside the Met but who, in all probability, personally authorised some of Mark Kennedy’s deployments.

The Home Affairs Select Committee’s report insisted the Met inform parents whose dead children’s identities had been stolen by spycops. Hogan-Howe – personally and publicly – refused.

Although revealing the names used would only expose an officer’s fake identity, not the real one, Hogan-Howe said it was much too dangerous because activists targeted by the Special Demonstration Squad included

‘criminals behind bars and at large today who would have no qualms in doing serious harm’

This echoes the phrasing in the HMIC report he drafted, firmly asserting that the protesters Mark Kennedy infiltrated

‘were not individuals engaging in peaceful protest, or even people who were found to be guilty of lesser public order offences. They were individuals intent on perpetrating acts of a serious and violent nature against citizens going about their everyday lives.’

ABUSING THE ABUSED

Hogan-Howe was already Met Commissioner when legal action was launched in 2011 by eight women deceived into relationships with undercover officers. The Met’s lawyers threw every obstruction they could at their victims. They tried to have the case struck out. When that failed, they said the Met was not responsible as such relationships were not authorised. When the women pointed out this meant the case could be heard in open court instead of a secret tribunal, those same lawyers said that the relationships were, after all, authorised.

The Met then claimed the relationships were based on ‘mutual attraction and genuine personal feelings’. Throughout all this, they tried to avoid giving any information, saying they would ‘neither confirm nor deny’ (NCND) that any officer was in fact an officer, and further lied saying NCND was a ‘long-standing policy’ when it was merely a recent and erratically applied tactic. They would take this as far as referring to Mark Kennedy by code letters.

Eventually, they were forced to concede Kennedy was a police officer and, three years into the case, they were ordered by a court to admit Bob Lambert and Jim Boyling were too. To this day, they block accountability with NCND for all other officers, even those like Mark Jenner who’s been exposed for years and confirmed by a colleague, and John Dines who has even admitted he was an officer and apologised.

After putting their traumatised victims through four gruelling years of these legal obstructions, late last year the Met finally settled seven cases in order to avoid having to go to court and disclose information. As part of the settlement the women negotiated a powerfully worded admission and apology.

How sincere was that apology? The Met are still forcing others with identical cases – in some cases with the same officers as the settled cases – to battle on in court.

In June, people deceived into intimate relationships with undercover officer Marco Jacobs were back in court. One of them, Tom Fowler, said

‘By dragging their heels the police have increased the psychological damage they’ve inflicted on people, made it a lot worse. It just shows that the public statements made by Bernard Hogan-Howe and other police officers… are totally at odds with what they are directing their lawyers to do in court. It shows they can’t really be believed on any of these matters.’

WHEN IS A PUBLIC INQUIRY NOT A PUBLIC INQUIRY?

Earlier this year Met lawyers formally submitted that, at the forthcoming public inquiry, police should not give evidence in public. They alleged that the operations of the political secret police were too dangerous to be revealed, they claimed that being identified might lead to ’emotional unhappiness’ of the officers. By trying to have as much of the public inquiry held in secret, they were attempting to cover up rather than come clean.

This is the true face of Bernard Hogan-Howe’s Metropolitan police. Just as at Hillsborough, it uses the language of concern as part of an armoury to deny truth and justice to its victims and the wider public.

AS AT HILLSBOROUGH, SO EVERYWHERE

Hogan-Howe was personally present at Hillsborough in a role that has been criticised by the families. Hogan-Howe claimed he gave a statement to the 1989 Taylor Inquiry into Hillsborough and claimed to be one of the resolute champions of integrity who refused to change their statement despite being asked by another officer to do so. In real life, Bernard Hogan-Howe never made a statement to Taylor.

The Hillsborough families’ struggle mirrors that of so many bereaved people abused by police for wanting justice. Not only were they smeared, they were also the targets of spycops. Astonishingly, the Hillsborough families have been denied ‘core participant’ status at the forthcoming public inquiry.

As is established beyond all doubt, the fault at Hillsborough rested squarely with the police. This was the conclusion of the 1990 Taylor report, as well this year’s inquests who ruled that the 96 people were unlawfully killed by police action. Yet even after all this time and the damning conclusions of multiple investigations, Hogan-Howe cannot fully admit what happened.

‘A lot of officers did their best [at Hillsborough] in very difficult circumstances, but the leadership was sadly challenged’

They were not ‘sadly challenged’, they were irresponsible, reckless liars who unlawfully killed 96 people. His instinct to defend officers – especially senior officers, especially himself – overrides any need to acknowledge the plain truth, let alone facilitate justice.

Earlier this year Hogan-Howe said a cover-up like the one that followed the Hillsborough disaster couldn’t happen these days.

‘It’s about making sure we are open and transparent… You’ve got more accountability than you’ve had for 20-30 years. I don’t think we would see today that sort of cover-up in the way we have in the past.’

There are many police cover-ups still happening today, with huge resources devoted to preventing the truth being examined. Moreover, in the case of the spycops scandal, Hogan-Howe has been the one directing it.

His protection of spycops means that most victims still have no clue as to the reason for their abuse. We have information on barely 10% of the officers, and the work has been done by victims themselves in the face of obstruction orchestrated at public expense by Hogan-Howe, whether at the pseudo-independent HMIC or as Commissioner of the Met.

It would have been more convincing if, before he reassured us, Hogan-Howe started by actually condemning the police action at Hillsborough for once and then stopped actively running the spycops cover-up. But that would have necessitated a break with his whole approach to police abuse of citizens, and the culture of the Met itself.

Women Speak Out on Spycops

We’ve just uploaded video on our Youtube channel of four women speaking about their different involvement in the undercover police scandal at a seminar in Manchester earlier this year.

‘Alison’ gave evidence to the Home Affairs Select Committee on her experience of having been deceived into a five year relationship by undercover officer Mark Jenner, and previously told her story to Newsnight in 2014. As she emphasises here, the overwhelming majority of Jenner’s time was not spent on political work, but on domestic time with Alison and her family.

 


Harriet Wistrich, Human Rights Lawyer of the Year 2014, represents numerous women (including Alison and Helen Steel) who had relationships with officers and successfully brought legal cases and obtained an apology from the Metropolitan Police. She also represents others that will be giving evidence to the Undercover Policing Inquiry.

 


Dr Eveline Lubbers is a member of the Undercover Research Group who do a peerless job of researching and exposing Britain’s political secret police, and has published research on the activities of undercover police officers. She is also the author of Secret Manoeuvres in the Dark: Corporate Spying on Activists and Battling Big Business: Countering Greenwash, Front Groups and Other Forms of Corporate Deception.

 


Helen Steel was deceived into an imtimate relationship by ‘John Barker’, aka Special Demonstration Squad officer John Dines. Her story follows a startlingly similar trajectory to those of Alison and the other women, showing that this was no aberration by rogue officers but a long-term deliberate strategy by an institutionally sexist police force.

 

Tlks given at Undercover Policing, Democracy and Human Rights seminar, University of Manchester school of law, 14 April 2016. Video by Reel News.

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.

Suing Private Spycops

Frankenstein's monsterA woman who was Mark Kennedy’s partner in 2010 after he left the police is suing Global Open, the private spy firm he worked for.

Global Open was set up in 2001 by Rod Leeming, the former Special Branch officer who ran the Animal Rights National Index database before going private to do basically the same thing (company profile here by the excellent Undercover Research Group).

Kennedy’s contract with the police formally ended in early 2010. He was immediately hired by Global Open, and at the same time actively targeted the woman (who has been granted legal anonymity for the case) and began a relationship with her.

He continued to live among the same activist community he had spied on, still using his police-fabricated identity of Mark Stone. He went to several animal rights gatherings across Europe in the summer of 2010. If he’d had the nouse to legally change his name to Mark Stone his identity documents would have been in the ‘right’ name and he may still have been spying today – and you would not be reading this.

THE GENERALS NOT THE TROOPS

In October 2010 he was exposed by activists including his long-term partner. Within hours he went to his other partner’s house and told her what had happened. She was devastated. The case she is now bringing mirrors that of around a dozen others who are suing (or have sued) the police for the systematic use of psychologically and sexually abusive relationships.

Like those cases, this one is being brought against the employer rather than the individual officer. The managers either deployed officers to use these tactics, in which case they are directly culpable, or else all these officers separately decided to do the same thing, in which case managers were negligent for not preventing or ending it.

Whilst it would presumably have little legal traction, the police must also bear a serious measure of moral responsibility for Kennedy’s post-police actions in 2010. Having trained him into that one mode of being for many years then withdrawn him with little notice or support, it is hardly surprising that he continued. Frankenstein’s monster may have terrorised the villagers but it was Dr Frankenstein who built it and failed to keep it from its rampage.

NOT JUST KENNEDY

This new case is yet another ray of light on the murky, unregulated world of corporate spying and its tight interweaving with parallel police units. The fact that Special Branch officers take their years of training and contacts to go and do the same job for private profit doesn’t merely raise ethical issues. It raises legal ones too.

The construction industry blacklist was routinely – illegally – given information on political activists by Special Branch officers across the country. Despite the blacklisters’ work being illegal, they had high-level meetings with Britain’s political secret police, including a powerpoint presentation from DCI Gordon Mills, the man who helmed the National Extremism Tactical Co-ordination Unit.

The McLibel trial exposed the fact that the entirety of McDonald’s security department were ex-police and that there was an open two-way flow of information between police and private spies. This is not officers upholding the law. This is officers breaking the law to uphold something that they consider more important.

HOW MANY MORE?

How many other political secret police officers continued the same role for a private paymaster, as Kennedy did? The fact that Global Open hired him as he was leaving the police suggests either they had inside information and knew he was becoming available, or else Global Open is known to the secret police as the place to go on to when their contract ends.

We know the names of less than 10% of the officers who worked for the disgraced political units since the Special Demonstration Squad was set up in 1968. Can we really believe that Kennedy was the first one to continue living under the same persona? Or is he just the first one exposed?

POLICE AND PRIVATE PARTNERSHIP

The revolving door between undercover political police and the even less regulated world of private spying means the two groups cannot be separated. As Mark Kennedy proved, the same damage is done for the same reasons, often by the same people, with support from both sectors, irrespective of who signs the cheque.

If the forthcoming public inquiry is to be comprehensive and credible it must examine these documented instances and structural connections, and it must expose more. Police and private political spying are not two worlds, they are one.

Police Concede Marco Jacobs was Spycop

Mark 'Marco' Jacobs

Mark ‘Marco’ Jacobs

Yesterday saw another blow to the police’s obstruction tactics for legal cases brought by targets of undercover officers.

The police have been saying they can ‘neither confirm nor deny’ (NCND) that anyone was (or wasn’t) an undercover officer. They claim this is a long standing policy that cannot be deviated from. But, as is pointed out by the eight women in the Police Spies Out of Lives case who were deceived into relationships with officers, that is simply not true.

The Met have even tried to claim NCND about officers who have given numerous media appearances talking about their work. Even more farcically, in one hearing they admitted that Jim Boyling was a Metropolitan Police officer but not that he was undercover, as if he might have had his alter ego of committed activist as a some sort of off-duty hobby.

Yesterday, three people from Cardiff Anarchist Network who were spied on for four years by an officer known as Mark ‘Marco’ Jacobs came to the High Court in London to challenge the use of NCND in relation to their claim for damages. Two had sexual relationships with Jacobs, the third is a man who was the partner of one of one of them and was very close friends with Jacobs.

Mr Justice Mitting asked the police’s counsel what the point was of asking the claimants to prove that Jacobs was a police officer. There was a long, resounding, painful silence, ended only by Mitting asking another question.

Whilst the police did not say they were dropping the use of NCND, they said that they would not contest the assertion that Jacobs was an officer, and if damages are awarded then the police will be liable to pay.

THE REAL ABUSE

'Undercover is no Excuse for Abuse' banner at the High Court

Mitting did question the position of the man in the case, Tom Fowler, saying it amounted to saying ‘you stole my girlfriend by deceit,’ a position that wouldn’t hold water in a marriage case, let alone with unmarried people. Leaving aside his anachronistic clear distinction between married and other couples, it shows a fundamental failure to understand what these spies have done.

As other women deceived into relationships with undercover officers have been at pains to point out, it’s not so much the sexual contact that’s the issue, it’s the intimacy, the trust, the intertwining of lives and plans for the future. To then find out that the person you were so close to was only ever there as a paid agent to betray you and the values you hold most dear, that their presence in your life was controlled by an unseen group of other state agents, is a profoundly traumatising shock.

Whilst we may hope our closest relationships don’t end, we’re always aware of the possibility. It happens to a lot of people at some time and it’s happened to most of us before. But the profound invasion of privacy, the sustained manipulation and the abuse of trust that were meted out to all three people in this case is not something anyone would ever expect of their partner, their best friend or their government.

THE FUTURE

Whilst the Metropolitan Police’s effective admission that Jacobs was their officer is good news, not bringing the evidence out in front of them means we lose hope of shining a light up the ladder in this case and see who sent Jacobs to spy, what they asked him to do, and how much they knew of his abuse of those he targeted.

Nonetheless, it is a victory and bodes well for NCND to crumble away from future cases and the forthcoming public inquiry.

Picket High Court Before Spycops Case

Neither Confirm Nor Deny = Neither Truth Nor JusticeFollowing the infiltration of Cardiff Anarchist Network by an undercover police officer calling himself “Marco Jacobs” a number of activists are taking legal action against South Wales Police and the Metropolitan Police in an attempt to hold the system to account.

Since they first filed an application in court, both sets of Police lawyers have attempted to obstruct justice, giving a “Neither Confirm Nor Deny” defence of all aspects of officer Jacobs’ deployment.

At 10am on Wednesday 25th March they will be in the Royal Courts of Justice attempting to strike out this non-defence.

Join us in a solidarity picket of the court an hour before the case starts.

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.

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.