Content tagged with "Mark Kennedy"

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.

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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 video: The Public Inquiry Begins

New on our Youtube channel – a short film made by Reel News, shot outside the Royal Courts of Justice on 7 October, just before the first hearing of the public inquiry. Numerous people who were spied on outline their experiences and what they hope to get out of the inquiry.

The hearing [transcript] was to decide on some cases of ‘core participants’ – those ruled to have been so involved in the political policing scandal that they get greater access and representation at the inquiry. Around 400 people have applied of whom around half have been granted core participant status – mostly activists, some campaigns as bodies, a couple of dozen police officers and some state agencies too.

The Undercover Research Group noted its qualms afterwards.

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, Theresa May, 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.

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.

We Are All Targets Now

John Catt

John Catt, permanently spied on even though he has no criminal record

Last autumn’s report into undercover policing by Her Majesty’s Inspectorate of Constabulary (HMIC) was as unimpressive as it was long. The 208 pages devoted much of their attention to non-political policing, even though the report was commissioned as part of the response to the revelation that the Special Demonstration Squad spied on Stephen Lawrence’s family.

The report said it was reassured that everyone knew officers shouldn’t have sexual relationships. Yet it appears there’s always been official banning of it. Despite this, numerous ex-officers have said it was unofficially condoned.

Bob Lambert had four sexual relationships whilst undercover. If it were such a bad idea, you would have thought that when he went on to run the Special Demonstration Squad he would make sure other officers didn’t do it. Instead, his proteges also had relationships – including long-term life partner relationships – and even (as Lambert had done) had children with activists they targeted.

Of the 14 officers so far exposed, 13 had sexual relations with activists they spied on. It’s hard to see this as anything other than accepted strategy. So the HMIC’s sense of ‘reassurance’ is based on a faith that has no basis in fact. That, or a desire to cover-up and protect police who’ve done wrong.

WE’RE COMING FOR YOUR FAMILY

Whilst life-partner sexual relationships are the most complete invasion of a person’s privacy that it is possible for the state to enact, there are others. They integrate into people’s lives and families, affecting non-activists. The official term is ‘collateral intrusion’, as if the deceit and damage done to the activists who are the primary focus is justified, as if those who want a fairer world are legitimate targets for psychological manipulation and abuse.

A 2012 HMIC report – when they thought they could pin everything on disgraced National Public Order Intelligence Unit (NPOIU) agent Mark Kennedy being a sole ‘rogue officer’ – said the evidence

suggests that NPOIU operational supervision, review and oversight were insufficient to identify that his behaviour had led to disproportionate intrusion.

However, when he was part of a group of climate activists who planned to stop a coal train, his authorisation papers say the opposite.

It is very rare for collateral intrusion to occur because [Kennedy’s
name redacted] spends the majority of their time with likeminded people
engaged in activism.

He went straight from the coal train action to a friend’s wedding. People’s children and other relatives were there. And there he is in the pictures, whilst being paid overtime, PC Kennedy.

If the friends and children who formed relationships with him are not deemed not to ‘collateral intrusion’ then they are, therefore, in the target group. Just knowing someone who is an activist, being their friends or parent or child, makes you a legitimate target for these spying operations.

Kennedy spent a lot of time with the family of one of his partners, a woman known as Lily [update: she has now dropped her anonymity and is known by her real name, Kate Wilson] who explained to BBC Radio’s File on Four (download podcast here) that ‘he was on duty every minute that he spent with me’.

Lily’s mother mother took out a family photo and said,

That was my mother’s 90th birthday, as you can see from the balloon in the background. He looks comfortable in the photograph. I keep using that word, ‘comfortable’. I felt very comfortable with Mark and he seemed absolutely devoted to my daughter. He used to stay here, slob around watching TV with us, all that stuff that you do in a relaxed way with people in the family.

Kennedy was sanctioned and approved from on high, and it was no mere rubberstamp job. His authorisation papers include a full side of supportive A4 hand written by the person who oversaw all the secret police units, the National Co-ordinator for Domestic Extremism, Anton Setchell.

So when senior cops at HMIC say they’re reassured that there are no bad relationships, that there’s no collateral intrusion, it’s meaningless and worthless. Just like the Operation Herne inquiry into undercover policing, it’s the police marking their own homework and awarding themselves A grades. There can be no credibility in self-investigation, nor those done by police satellite bodies like HMIC and the Independent Police Complaints Commission. We have given them too much trust for too long and they’ve shown themselves not to deserve it.

GUILT BY ASSOCIATION

Last month’s Supreme Court decision on the John Catt case underlined this. Catt is a 90 year old peace campaigner with no criminal record. After he had attended three demonstrations at the EDO arms factory in his native Brighton, anti-terrorism police stopped his car in London and threatened him and his daughter with arrest under the Terrorism Act if he didn’t tell them where he was going. He later discovered that a marker was placed against his car registration on the Police National Computer and that the network of number plate recognition cameras was used to flag him up to police for stopping.

It’s worth noting that the political police units – Special Demonstration Squad, National Public Order Intelligence Unit and others – have been merged with the Metropolitan Police’s Anti-Terrorist Branch under the name Counter Terrorism Command. Today’s Mark Kennedies are deployed by the same unit as the ones dealing with people who want to set bombs off on public transport. The structure is designed to conflate all dissent.

The Catts mounted a legal challenge but senior officers found their officer’s actions had been ‘proportionate and appropriate’, a finding upheld on appeal to the Independent Police Complaints Commission, which concluded that while the case highlighted the concerns over ‘the civil liberties
or protesters’, police had been acting in accordance with ‘national policy’.

Catt then went to court to challenge the retention of his data on the ‘domestic extremist’ database. He won, at first, but the Metropolitan Police launched an appeal and last month they won. The ‘national policy’ prevails and it is considered legitimate to gather data and harass anyone who has been ‘associated with protest’. It is guilt by association, and what you’re associated with needn’t be criminal either; protest is, in and of itself, seen as something to crack down on.

In other words, the Supreme Court just ruled that anyone who speaks out against the government and the established political order – even though there is no suggestion of any involvement with any crime – can be singled out for special treatment by the police. We have a name for that kind of state.

GUILT BY PROXIMITY

As the wedding guests at the wedding Mark Kennedy attended can attest, you needn’t even be as involved as John Catt. The construction industry blacklist run by the Consulting Association was more than an illegal practice used by most of the industry’s big names to deny work to anyone involved in unions or other political activity. There was a two way exchange of information between the blacklisters and police. Even the Independent Police Complaints Commission admit that it was likely to have been part of all Special Branches’ work to illegally supply the illegal blacklist with information.

But it wasn’t just construction workers. There were files on around 200 environmental activists whose information appears to have come from details given to police when arrested. The file on construction worker Frank Smith describes him as a ‘leading light’ in a group known as the Away Team who sought to protect anti-fascist groups from attack. That’s not the kind of thing a building site manager could observe.

Smith’s girlfriend, Lisa Teuscher, was also spied on and had a blacklist file despite having no connection with the industry.

I was shocked when I first read my file. It made me feel physically sick. It’s absurd. I don’t see any reason why my name should be linked with the building industry. I had no professional involvement whatsoever. The only reason I am on the list is because of Frank.

Remember this when they say that counter-terrorism police are needed to target ‘just the paedos and terrorists’ – their definition of legitimate targets is wide. If this is their definition of political threats, who might be included in their net of potential terrorist threats? To trust Counter Terrorism Command to be making reasonable, proportionate decisions puts a lot of faith in people who have repeatedly proven themselves unworthy of it.

The political police’s choice of who it is reasonable to spy on includes anyone who is politically active, anyone who is related to them, anyone who attends an event at which they’re present. The construction blacklist proves that this is not mere background gathering of information in case it becomes useful. The political policing units have actively broken the law to help ensure their targets are denied work, deliberately inflicting the impacts that has on a person and their family. They are there to disrupt the activities and lives of those they spy on, and that can be anyone.

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.

Partners of Undercover Officers Back in Court

This week the women duped into long term relationships with undercover police officers are back in court in London and have called for a solidarity demonstration outside.

psool

Eight of the women are supported by the Police Spies Out of Lives group. One of them, ‘Alison‘, lived with Mark Jenner for four years. She told her story to Newsnight earlier this year. Today she published an article on the Guardian site about the next stage of the court case.

The police are obliged to provide disclosure and properly outline their case. They have failed to do so, citing a policy of ‘Neither Confirm Nor Deny’ (NCND); they say they cannot ever confirm whether somebody was an undercover police officer, and that this policy is essential to the integrity of important and dangerous undercover work. They went as far as applying to have the case struck out on the grounds that, as they would refuse to give proper testimony in court, they would be denying themselves a fair trial.

There is only one flaw with this policy – it doesn’t really exist. It’s a common practice, but that is all. As Police Spies Out of Lives note

The women launched their legal action in December 2011, but it was not until June 2012 that the police first mentioned NCND in relation to the claim. You might think if there had been such a long standing policy this would have been highlighted in the first police response.

There have been innumerable exceptions to NCND, and the women gave the court two large files documenting some instances. After that, and the Ellison review‘s revelations earlier this year about spying on Stephen Lawrence’s family, the police abandoned their strike out the case. They’re still sticking to the ‘policy’ of NCND though.

This puts them in the bizarre position of not naming Mark Kennedy as an undercover police officer. Kennedy hired Max Clifford to sell a gossipy version of his story to the Mail on Sunday – he could scarcely be less secret. More than that, he has been identified in numerous official statements, including a report by Her Majesty’s Inspectorate of Constabulary (HMIC) in February 2012 that said

It is normal practice for the police to neither confirm nor deny the true identity of undercover officers. This is to protect both the officers themselves, and the effectiveness of the tactic. However, the case of Mark Kennedy is one of exceptional circumstances, including his own public revelations, the media interest in him, and the fact that the Court of Appeal named him on 19 July 2011. Because of this, HMIC has chosen on this occasion to use his real name.

The information is out there and, like toothpaste out of the tube, you can’t put it back in. Mark Kennedy has not been magically de-identified. The current backslide shows that the stonewall use of NCND is both a recent invention and a tactic of obstruction.

Of the other four officers named in the womens’ case, John Dines and Mark Jenner have been extensively documented, and Bob Lambert has not only been identified in the press and the Ellison Review but has given interviews candidly admitting to large parts of his work.

The fifth, Jim Boyling, who was undercover as Jim Sutton, has also been comprehensively reported in the press, television and beyond. It would be hard to suspend him from police duty in January 2011 if he were not a police officer. Later in 2011 Metropolitan Police Commissioner Bernard Hogan-Howe confirmed that ‘Jim Sutton’ was an undercover officer [PDF, p22].

Because Boyling went through a 1997 court case under his false identity as Sutton, a convicted co-defendant has won the right to have the conviction overturned. But in a farcical twist at the hearing earlier this year – after this long-standing policy of NCND had been invented –  the police backtracked and would not fully identify Boyling. They confirmed he was a police officer but not an undercover one. As if he might have done the undercover work as a hobby in his spare time. As if confirming that this man whose picture is all over the internet was a police officer doesn’t put him at just as much of a risk as admitting he was an undercover one.

Police lawyers said they weren’t compelled to give any reason why they didn’t oppose the quashing. ‘What kind of justice is that?’ asked the judge. It’s a question we should all be asking.

NCND is another manifestation of the ‘double injustice’ faced by so many victims of police abuse; there is what was done to them, and then there are the tricks of delay, distraction and denial to try to avoid accountability. Many of those who have been spied on – the family of Stephen Lawrence and numerous other black justice campaigns, anti-fascists, environmentalists, Hillsborough families and more – can tell a similar story.

An police service interested in justice would do precisely the opposite. More, these blocks are such blatant decoy tactics, and they know it’s obvious to everyone. But as long as they aren’t forced into actually admitting that’s the case, they can conceal the truth of what they’ve done and deny justice to the citizens they abused.

If this is their response to being caught committing the starkly cruel abuse of these women – the most complete invasion of privacy that it is possible for the state to enact – then what hope can we have for the promised public inquiry?  The fight against NCND is not just a fight for the women concerned, but for everyone spied on by Britain’s political secret police, and for the hope of eventual truth and justice for the wider society.

Their hearing is on Thursday 5th and Friday 6th June at the Royal Courts of Justice on The Strand in London. Police Spies Out of Lives have asked:

  • If you are in London, please join us outside the Royal Court of Justice, The Strand, from 9am–10am on Thursday 5th June to show your support for the women.
  • Please share the graphic (above)
  • Please tell friends, family, colleagues, groups and organisations about the Where We Stand statement

You can follow the case’s progress on Thursday and Friday via the Police Spies Out of Lives Twitter.