Last week, a trial of six environmental campaigners at Nottingham Crown Court in England collapsed. The Crown Prosecution Service (CPS) said they could not continue, as ânew evidenceâ had come to light undermining their case.
Police Constable Mark Kennedy had been an undercover police agent within the environmental movement since 2003 and had offered to give evidence on behalf of the six.
In an interview with the Mail on Sunday, Kennedy confirmed that the evidence in question consisted of tape recordings he had made, which police withheld from defence lawyers. Under the Criminal Procedure and Investigations Act of 1996, the police are duty-bound to make the CPS and the defence team aware of the evidence they have compiled. The Independent Police Complaints Commission is currently investigating whether Nottinghamshire Police made available all the evidence they had to the CPS.
Kennedy told the Mail, âThe truth of the matter is that the tapes clearly show that the six defendants who were due to go on trial had not joined any conspiracy. The tapes I made meant that the police couldnât prove their case.
âI just assumed that the police would naturally put my tapes into evidence. Clearly I was wrongâ.
The six were accused of conspiring to shut down Ratcliffe-on-Soar power station in Nottingham. The court case followed the mass arrests of 114 people holding a meeting at Iona school in Nottingham on April 13, 2009. Among those arrested was Kennedy.
In December, 20 of the arrested were found guilty of conspiracy to commit aggravated trespass and sentenced to community orders. Two of the defendants were ordered to pay costs totalling ÂŁ1,500. Their lawyers are considering an appeal based on Kennedyâs involvement. Lawyer Mike Schwarz said, âThe police allowed this trial, unlike the later one, to run all the way to conviction. In the light of events last week, this must be seen as a potential miscarriage of justice.â
Kennedy infiltrated the environmental movement under the name of Mark Stone, playing a leading role in organising, financing and directing campaigns and protests. One of the six acquitted, Danny Chivers, said of Kennedy, âWeâre not talking about someone sitting at the back of the meeting taking notesâhe was in the thick of it.â
Kennedy had been âinvolved in organisingâ the Ratcliffe-on-Soar protest for months, Chivers said. The police âcould have stopped it at the startâ.
Kennedyâs identity was established last October, after a passport containing his real name was found by his activist girlfriend. Kennedy then confessed to six of the group members, before disappearing. Shortly after, he left the Metropolitan Police and is understood to be living abroad.
Kennedy was part of the secretive National Public Order Intelligence Unit (NPOIC), one of three covert organisations that target âdomestic extremistsâ. The NPOIC is run by the Association of Chief Police Officers (ACPO). The ACPO is virtually a law unto itself, being a private limited company with no statutory basis and no parliamentary oversight. It is also not subject to the Freedom of Information Act.
A section of the NPOIUâthe Confidential Intelligence Unitâcompiles a database of personal information on targets, as well as reports on their activities and photographs. The other two organisations are the National Extremism Tactical Co-ordination Unit, established in 2004, and the National Domestic Extremism Team, set up in 2005.
The âMark Stoneâ operation cost ÂŁ250,000 a year, including his ÂŁ50,000 salary. Kennedy âtook part in almost every major environmental protest in the UK from 2003, and also infiltrated groups of anti-racists, anarchists and animal rights protesters,â according to a Guardian investigation.
âUsing a fake passport, Kennedy visited more than 22 countries, taking part in protests against the building of a dam in Iceland, touring Spain with eco-activists, and penetrating anarchist networks in Germany and Italy.â
In a phone recording between Kennedy and a member of the environmental group obtained by the BBCâs Newsnight programme, he revealed he was not the only police officer active as an undercover agent. âIâm not the only one by a long shot,â he said, adding the police operations were âlike a hammer to crack a nut.â
In the Mail on Sunday interview, he said he was aware of at least 15 agents who had worked undercover in the environmental movement, with 4 of these still active.
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When his cover was blown, Kennedy confirmed to the environmental group that a female protester based in Leeds, whom several activists had suspected of being an undercover police officer, was also a spy.
As well as the two police agents identified in his case, another undercover police spy, known as âOfficer Bâ, was revealed in Saturdayâs Guardian, who had spent four years with an anarchist group in Cardiff.
These are only the latest cases to come to light exposing the massive police spying network infiltrating left-wing organisations and environmental and anti-racist groups. In March 2010, it was revealed that a secret police operative spent years spying on the Socialist Party of England and Walesâs predecessor organisation, the Militant group, and its youth organisation, Youth Against Racism in Europe, in the mid-1990s. âOfficer Aâ reported to the Special Demonstration Squad (SDS), a secret unit within Special Branch.
In 2009, Strathclyde police force in Scotland admitted that it had spent a total of ÂŁ762,459 between 2004 and 2008 on what it called âcovert human intelligence servicesâ. Strathclyde spent ÂŁ145,198 on informants in 2004.
Kennedyâs activities point to his possible collusion with German police in spying on anti-fascist groups. It also raises questions about his relationship with the Left Party (Die Linke) in Germany. Andrej Hunko, a Left Party MP, stated in the January 12 Guardian that Kennedy had been âoperating on the border of illegalityâ in Germany. He said, âKennedy wanted to infiltrate anti-fascists, and [act] as an agent provocateur to instigate actions together with them. I suspect, then, that it wasnât Scotland Yard that focused his interest on the âhot spotsâ of the German anti-fascist scene. I see proof instead of the opposite: that the German police were involved in the operation of this British agent.â
The Guardian reported that Hunkoâs researcher, Matthias Monroy, âsaid he had met Kennedy three times in Berlin over the past nine years.â
Monroy said, âHe visited friends in Berlin regularly.â Right up until he was exposed as a police officer, Kennedy was still seeking information, including details about âwhat the plans were for the G20 summit in France in 2011.â
While Kennedy clearly has grievances with the police regarding his time as an undercover operative, he has denied that he âwent nativeâ or became a ârogueâ. He told the Mail on Sunday that, on the contrary, he was passing his superiors information regarding the activist network in Europe right up until he ended his undercover role in October 2010.
Kennedy told the Mail, âMy superiors knew where I was at all timesâmy BlackBerry was fitted with a tracking deviceâand they sanctioned every move I made. I didnât sneeze without them knowing about it. I feel Iâve been hung out to dry.â
He added, âEvery action I took had to receive something called an âauthorityâ which covered me to infiltrate activist groups and be involved in minor crime such as trespass and criminal damageâ.
So important was the spying operation being conducted by Kennedy, he recalls that âMy superior officer told me on more than one occasion, particularly during the G8 protests in Scotland in 2005, that information I was providing was going directly to [former Prime Minister] Tony Blairâs desk.â
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