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Ratcliffe Power Station Conspiracy 2nd Trial & PC Mark Kennedy January 2011

Court Reporting: ALAN LODGE 114 people were arrested at the Iona School, Sneinton, Nottingham on the 13th April 2009. Nottinghamshire Police : Operation Aeroscope Some intended to shut down the Ratcliffe-on-Soar Power Station for a week, to protest at its CO2 emissions On 10th January 2011, 6 defendants go on trial charged with Conspiracy to Commit Aggravated Trespass, Contrary to section 1(1) of the Criminal Law Act 1977. The trial collapsed. Nottingham Crown Court Jan 2011

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Ratcliffe Power Station Conspiracy Trials Nottingham Crown Court 2nd Trial in Court 3 before His Honour Judge Milmo QC

10th January 2011 Court Reporting : Alan Lodge

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Contents Indymedia reports from the original incident ................................................ 5 Introduction ................................................................................................. 9 Court Listing .............................................................................................. 11 Ratcliffe: 2nd Court Case of 6 activist Collapses ....................................... 13 The Actors: ............................................................................................... 15 Statements of Support .............................................................................. 16 Statement: Mike Schwarz's of Bindmans Solicitors ................................... 20 Questions in the House ............................................................................. 24 PC Mark Kennedy – Some Details ............................................................ 27 Links [2nd Trial + Aftermath] ....................................................................... 29 Ratcliffe Power Station ‗Past‘ Links ........................................................... 37 Press [2nd Trial + Aftermath] ...................................................................... 38 Press Releases ......................................................................................... 48 Emails Received ....................................................................................... 53

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Indymedia reports from the original incident

Mass Arrest of 114 Climate Activists in Raid in Nottingham http://indymedia.org.uk/en/2009/04/427471.html http://indymedia.org.uk/en/2009/04/427496.html

114 activists were arrested in a 1am police raid on a community centre and school on Sneinton Dale, Nottingham, early on Easter Monday, 13th April 2009. It is believed that a demonstration was planned at the E.On powerstation at Ratcliffe-on-Soar as a spokesperson for the company claimed that it was the "planned target of an organised protest". The Ratcliffe-on-Soar coalfired power station is the 3rd largest source of carbon dioxide emissions in the UK and has been previously targeted by activists. Similar to past police actions, some of the homes of those arrested have been raided while they were held in custody. It has been confirmed that 6 homes have been raided in Nottingham, including the Sumac Centre, and personal paperwork and computers have been seized. Activists are now being released on bail, to appear in court between the 14th - 21st July, with a variety of conditions. More raids are expected. The initial action was at a school / community centre in Sneinton Dale, and eastern suburb of Nottingham. After all present were arrested and dragged in chains to many and various police stations, the police mounted a long and protracted search of the building, where the meeting had been held. Nothing was happening on the street for ages, much to the medias discontent. Thus, they started to interview each other, and passing locals, just to add a bit of colour, of course. At about midday, there was a flurry of activity, with the arrival of more police vans, and scientific support / scenes of crime and assorted mystery vehicles. Taken together, this amounted to a really significant police presence. you can only image what sort of evidence, and of what, they expected to find. Wardens patrolled the street to reassure the community of course. Access was really hard, to see anything occuring of interest. However, getting away from the front of the building were all others were filming from, managed to find a friendly local who offered me the use of their garden for an overview. Thanks muchly! Police didn't like it of course, and sent a man away to find a sheet of sommat, to hide behind. The addressess of some of those held in custody, were then to be seached under warrant. While chasing about, I knew of 6 locations in Nottingham, and probably many others around the country. I was asked and invited to be at the Sumac Centre, ahead of the expected arrival of the police teams.

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After visiting other locations, at about 6pm, three van loads of police dressed in full fatigues and large boots, arrived at the gates of the Sumac. The warrant was for particular room upstairs at the centre. The majority of the squad remained on the street. Police could clearly see, that this photographer found the imagery quite oppressive, and the inspector ordered all his troops, back into the vans. Was asked to look into the searches upstairs, to discover there was much interest in the persons paperwork, [including much study of that well known anarchist and subversive free sheet, SchNews]. They stayed for about 30 minutes, leaving with an assortment of papers, and a computer. After some were released, folks headed back to the Sumac centre, to recuperate, and be fed and watered. A debrief. Crash spaces arranged and a deal of sympathy. On leaving, I found 2 police serials continued to cruise the area. I followed about for a bit [wondering what they're up to]. One then parked outside a housing co-op, and stayed about a bit, generally being menacing. This was one of the location of the previous house searches. They then paid particular interest at the continued comings and going from the Sumac Centre. I guess they're not finished yet.

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Introduction 114 climate campaigners arrested were on suspicion of conspiring to commit aggravated trespass and criminal damage. In the early hours of April 13th 2009 a highly expensive and widely condemned policing operation [Operation Aeroscope] saw 114 climate campaigners arrested on suspicion of conspiring to commit aggravated trespass and criminal damage. In what has been deemed the largest ever ‘pre-emptive’ arrest, hundreds of police burst into a meeting room where plans were being made to safely shut down Ratcliffe-on-Soar, the UK’s third largest coal fired power station. Had the action gone ahead it would have stopped around 150 thousand tons of carbon emissions from being released into the atmosphere, while drawing attention to the failure of provided democratic channels. Through invasive surveillance police had gathered information on the activists, pinpointed their location, and interrupted the meeting, meaning the action never went ahead. The campaigners were held for over twenty hours before being released onto the streets of Nottingham in the middle of the night, many with their phones and money confiscated. All charges were dropped for the majority of the 114, but 26 have been committed to Nottingham Crown Court on a charge of conspiracy to commit aggravated trespass. The maximum sentence for this offence is three months in prison, a fine of £2,500, or both. All entered a plea of not guilty. Six of the defendants hadn’t yet decided whether or not to take part in the action when the police arrived on the scene. They were arrested anyway, just for thinking about a climate action! Their trial started on January 10th 2011. However, after waiting for 20 months for the start of the trial, the prosecution offered no evidence. Thus the judge declared all not guilty.

The earlier 20 defendants admitted that they did plan to shut down the power station, but had argued that they were not guilty because they were acting to prevent the greater crimes of death and serious injury caused by climate change. This is called a ‘defence of necessity’. However, the jury didn’t accept this and found all of them guilty as charged. Their trial started on the 22nd November 2010. They were sentences on the 5th January 2011.

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“On the issue of coal-fired power stations they are right … carbon emissions will kill us all … As politicians we do not grasp the urgency of

scientific warnings about how little time we have left to radically transform our whole thinking about sustainable energy systems. Inevitably, this leaves the challenge to be

picked up by the public rather than by parliament. In doing so, it just doesn’t help if we end up locking up those who would save the planet rather than those who drive us towards climate crises.”

Alan Simpson [former MP Nttm South]

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Court Listing

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Ratcliffe: 2nd Court Case of 6 activist Collapses

Over the last few weeks, 20 protestors had been appearing in Nottingham Crown Court, accused of conspiring to shut down the Ratcliffe-on-Soar Power Station. They were found guilty and were sentenced on the 5th January. Today was to have been the beginning of a trial of a further 6 people arrested during the police Operation Aeroscope in which 114 people had been arrested by Nottinghamshire Police to prevent the action going ahead. Integral to this case is the revelations of the work of the undercover Metropolitan Police Officer Mark Kennedy. Mark 'Stone/Kennedy' exposed as undercover police officer? Indymedia UK 21 October 2010 http://www.indymedia.org.uk/en/2010/10/466477.html Mike Schwarz, a solicitor at the Bindmans law firm who represented the activists, said last night: "I have no doubt that our attempts to get disclosure about Kennedy's role has led to the collapse of the trial. It is no coincidence that just 48 hours after we told the CPS our clients could not receive a fair trial unless they disclosed material about Kennedy, they halted the prosecution. Given that Kennedy was, until recently, willing to assist the defence, one has to ask if the police were facing up to the possibility their undercover agent had turned native." The Director of Public Prosecutions, Keir Starmer was spotted in Nottingham Crown Court this morning. A few of us were wondering if that his presence had anything to do with the trial collapse? A couple of journalist asked court staff if this was so. But, no!! Apparently he was on a routine visit to the court. We looked at each other and said: "yea right" at the same time :-) Sitting in Court 3 the defendant initially seated in the dock [glass tank!] were invited to seating within the court. Before His Honour Judge Milmo QC, Miss Felicity Gerry for the prosecution said that on last Wednesday [5th January], the Crown Prosecution Service undertook a review of the case and that as a result, the crown had decided to offer no evidence. The judge therefore declares all six defendants not guilty. The defendant were represented by six individual barristers each of which then applied to the court for an assortment of legal and travel costs all being agreed by the judge. He then rose. The whole gig done and dusted in under ten minutes! Of course the defendants had had this case hanging over their lives since Easter 2009. Obviously, the prosecution were in possession of more of the facts than 13


they had let on. It would of course have been nice if they might have alleviated their distress by pulling the plug earlier. But no! Outside, speaking on the court steps, solicitor Mick Schwartz said that the reason for the collapse of the trial was that: "Previously unavailable material that significantly undermines the prosecution's case came to light on Wednesday 5 January'. The discovery of this material came at the time when the prosecution were informed that we planned to pursue disclosure of the evidence relating to PC Kennedy with the judge. Unsurprisingly, they have declined to confirm whether the new material relates to PC Kennedy. In my opinion the two are obviously connected. The timing speaks for itself. These events also beg wider, serious questions. Would this evidence have been uncovered had the defence not become aware of it through other avenues?" The primary difference in the defence operated in these two trials was that the first 20 said in court, that they were going to carry out the action that they were accused of, but claimed that it was 'necessary', a lawful excuse for action. This latest trial of the six, would have said that yes, they were there, but had not decided whether to have taken part in any action, or not. PC Kennedy being present there, might have been able to help the court with that!! It seems obvious to me that with the scale of the climate emergency in front of us, these [and similar] cases are only just the beginning. As time progresses [runs out], many other concerned citizens will be taking direct actions on these issues. The law will of course be 47 steps behind, uncertain if action is necessary or not, or, if democracy and political process can save us. Having heard all the evidence from the last trial ..... I think not. Personally, I hope one day, the law might progress, such that we can eventually take action against companies / government for the new offence of ecocide, rather than defending individual peoples‘ actions to be 'necessary'.

Why we need a law on ecocide - Polly Higgins barrister, international environmental lawyer Guardian 5 January 2011 http://www.guardian.co.uk/environment/cif-green/2011/jan/05/ecocide-law-ratcliffe

This Is Ecocide | Making the destruction of our planet a crime http://www.thisisecocide.com

I wish everyone with concerns about our future, the very best in any action they can take to help us protect it. For all future generations and species on the planet ……… My thanks.

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The Actors: Judge Jonathan Teare http://www.judiciary.gov.uk/about-the-judiciary/judges-magistrates-and-tribunal-judges/list-of-members-of-the-judiciary/circuit-judge-list

Defence team Edward Rees QC http://www.doughtystreet.co.uk/barristers/edward_rees_qc.cfm Sarah Elliott http://www.doughtystreet.co.uk/barristers/sarah_elliott.cfm Benjamin Newton http://www.doughtystreet.co.uk/barristers/benjamin_newton.cfm Mike Schwarz, Solicitor and Partner, Bindmans http://www.bindmans.com/index.php?id=mikeschwarz

Prosecution Miss Felicity Gerry http://www.36bedfordrow.co.uk/new_CV.php?member_id=121

Ian Cunningham, Crown Advocate East Midlands Complex Casework Unit Crown Prosecution Service 2 King Edward Court Nottingham. NG1 1EL http://www.cps.gov.uk

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Statements of Support "A system that prosecutes the eco-whsitleblowers for drawing attention to the ecocide that is taking place is a system that is protecting the interests of those who are destroying the planet, not those who are speaking up on behalf of both humanity and nature. Until we recognise that damage and destruction of our world is a crime, the scales of justice remain imbalanced and out of kilter with received wisdom and fact that coal fire stations are a major contributor to climate change. The Philippines have recently brought in new Environmental Rules of Procedure to protect their eco-whistleblowers, including their right to raise the valid defence of protecting nature, without cost implications. Instead of prosecuting activists, the courts can issue Environmental Protection Orders to prevent the continuance of the corporate destruction of our planet. All countries should be doing the same. Without ecocide being recognised as a crime, we cannot effectively police those who are destroying the planet. I for one will work tirelessly until such a law is in place so that brave people such as these 114 climate campaigners will have the support of the judiciary and the police in preventing the corporate ecocide, not the other way round." Polly Higgins Barrister, international environmental lawyer, author of Eradicating Ecocide: Laws and Governance to Prevent the Destruction of our Planet and proposer of the crime of Ecocide to be made an international Crime Against Peace ***** "Last year, the case for new coal-fired power stations in the UK crumbled, with the announcement that the first planned coal plant by Eon at Kingsnorth would be kicked into the long grass. This victory belonged to the grassroots direct action movement as well as the more traditional collection of NGOs that lined up against the biggest threat to our climate. Just as the Greenpeace action at Kingsnorth, for which 6 of our activists were acquitted on charges of criminal damage, came out of a deep frustration with political failure to act on climate change; the Ratcliffe 20 felt moved to take action themselves to stop emissions from the UK‘s second largest coal fired power station. The right to protest and to dissent is the lifeblood of any democracy and the UK has a long and proud history of this. The challenge of tackling climate change is too important for us to be silenced." John Sauven, Executive Director of Greenpeace UK ***** "Climate Camp Aotearoa sends a message of solidarity across the globe to the 20 climate justice activists found guilty of conspiracy to commit aggravated trespass in the UK. The activists were among 114 people arrested in a dawn raid on Easter Monday last year against activists who planned not only to stop carbon emissions from the Ratcliffe coal power station but to be part of a much wider movement for global social justice." Aotearoa Indymedia http://www.indymedia.org.nz/article/79235/solidarity-south-pacific-uk-climate-just *****

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"I totally support the activists on trial. We live in a perverse society: a society which condones the systematic damage and destruction of the environment. You have to stand trial for crimes against the Crown, whilst others who are responsible for this systematic destruction line their pockets and walk free. This is not just the age of stupid, it‘s the age of collective insanity." Melanie Strickland solicitor *****

Indeed, we are delighted to be able to express our solidarity to the brave 20 climate change activists at a moment when their sentencing has been postponed. There is no doubt that climate change is one of the most important concerns to the majority of the population in the world today. People in the south have already begun to suffer from the climate change whilst the north is on its way to feel the effects. Both coalfired power plants and the hazardous new nuclear plants are responsible for CO2 emissions. Due to increasing coal-fired power stations and nuclear plants the globe has warmed up to such an extent that the centre of business US declares, ‗no need to build new US coal and nuclear plant‘; the US President himself recognizes the needs for immediate tackling of the climate (Energy and Environment Publishing, 22 April, 2009). As inhabitants of the global south and the worst victims of the climate change, we support the idea of shutting down the third largest coal-fired power plant in UK. A nonviolent action by conscious citizens of the country to safeguard environment must be supported and appreciated as timely and most appropriate decision. We believe that if the government of a modern state regretfully failed to make appropriate and necessary decision on climate allowing carbon emissions, it is the duty of the conscious citizens of the country to take necessary step before it is too late. Hence, we would like to express our full solidarity to the brave climate defenders who could stand up and save the climate of the planet. We will be there to lend support to the brave defenders as/when needed. Bangladesh National Committee to Protect Oil, Gas, Power, Port and Mineral Resources http://www.sacw.net/article1116.html

*****

"Veggies Catering Campaign is honoured to be able to give practical support during what may well be a historic and groundbreaking trial. The time is fast approaching when those trashing the climate and causing real and escalating harm to people, other animals and the environment will be held legally as well as morally accountable for their actions. This trial will bring that day one step closer." Veggies

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Statement: Mike Schwarz's of Bindmans Solicitors From: Mike Schwarz [mailto:M.schwarz@bindmans.com] Sent: 12 January 2011 20:42 To: tash@indymedia.org Subject: RE: enquiry: Ratcliffe Power Station Trial. Nottingham Crown Court Thanks for getting in touch. And sorry about the delay replying. Here is my statement, from Monday. Statement on undercover policeman Mark Kennedy and the Ratcliffe trial. On Easter Monday 2009 over 400 police officers were involved in a raid the at Iona school in Nottingham, which led to 114 arrests. I represented 113 of those arrested. The 114th we now know was PC Kennedy, an undercover police officer. Six of my clients were due to face a long trial starting today. However, the prosecution told the defence on Friday 7th January 2011, just before the trial was due to begin, and almost 20 months after the investigation began, that 'Previously unavailable material that significantly undermines the prosecution's case came to light on Wednesday 5th January'. The discovery of this material came at the time when the prosecution were informed that we planned to pursue disclosure of the evidence relating to PC Kennedy with the judge. Unsurprisingly, they have declined to confirm whether the new material relates to PC Kennedy. In my opinion the two are obviously connected. The timing speaks for itself. These events also beg wider, serious questions. Would this evidence have been uncovered had the defence not become aware of it through other avenues? And is it appropriate that access to, and decisions about, disclosure of key evidence should exclusively be in the hands of a prosecution whose primary function is to secure convictions? Let me be clear about this. My clients were not guilty. They did not agree to join in any plan to occupy the power station. The evidence of PC Kennedy presumably confirmed this. Yet that evidence, had it been kept secret, could have led to a miscarriage of justice. Serious questions must be asked relating to the policing of protest, from the use of undercover officers, to the use of expensive and legally questionable mass pre-emptive arrest of protesters, to extremely restrictive pre-charge bail condition, to the seemingly arbitrary nature by which the 114 initially arrested were reduced to the final 26 who were eventually charged. The police need to answer some serious questions about their conduct relating to protesters generally. Kind regards. Mike Schwarz Bindmans Solicitors 275 Gray's Inn Road London WC1X 8QB m.schwarz@bindmans.com 20


2nd Statement from Mike Schwarz, Lawyer to the Defendants 13th January 2010 A network of police agents undercover in the climate movement is today being dismantled after constabularies across Britain began an operation to pull out their spies. The revelation comes as the existence of a second spy is revealed – demonstrating that the practice of placing undercover agents in activist circles was systematic, and proving that senior UK police officers lied to parliament about the tactic. Leslie Marshall from the Camp for Climate Action today said: ―We welcome the collapse of the police spy network that for years has been targeting our movement and demand they stay out. These extraordinary revelations pose a number of profound questions that now need to be answered. So far the only inquiry that‘s been announced will see the police investigating themselves, which is unacceptable given the indisputable evidence that officers have misled MPs and the public about the nature of their spying operation.‖ She continued: ―The first step must be that Paul Stephenson and Commander Bob Broadhurst stop stonewalling and give some answers for the conduct of operations they oversee. And they must be straight with us, not like parliament, when they stated that there were no agents in the climate movement. In the longer term we need to ensure that the police are no longer taking political decisions to spend millions of pounds undermining a legitimate social movement taking action against the threat that climate change poses to us all.‖ Keith Vaz, the chairman of the Commons home affairs select committee, has written to the Met commissioner, Sir Paul Stephenson, saying it appears the commissioner and one of his commanders, Bob Broadhurst, failed to disclose ―the full facts‖ about the infiltration of protests when giving parliamentary evidence in 2009. ―During our inquiry into the G20 protests, [MPs] explicitly asked Sir Paul Stephenson and commander Bob Broadhurst about the deployment of undercover officers,‖ said Vaz. ―I am disappointed they appear not to have given us the full facts.‖ Policing of the climate movement has been severely criticized on numerous occasions since the first Climate Camp at Drax power station in 2006. In 2009 a report launched by the Liberal Democrat party found that police deliberately intimidated protesters and obstructed legal observers during protests at Kingsnorth coal plant. The activists were subjected to sleep deprivation and psychological pressure tactics involving frequent dawn raids, low flying helicopters at night, and repeated false alarm massing of police officers and vans, according to findings based on two separate reports submitted by the authors to the Joint Committee on Human Rights.

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The report highlighted that no Climate Camp protester has ever been convicted of any violent offence. However a separate IPCC investigation was, according to The Telegraph, ‗largely positive‘ about the Kingsnorth police operation. Charlie Horner added: ―Serious issues, both moral and legal, are raised by Kennedy‘s conduct over several years but we cannot allow the IPCC to conduct yet another whitewash. We need to know who in the Met knew what Kennedy was doing and when they knew it, why Kennedy was used to entrap so many activists at Ratcliffe, most of whom were never charged and six of whom he offered to support in court, and whether his wider conduct was sanctioned. The police can‘t be held to a lower standard than everyone else in society. It‘s time they were held to account.‖ For more info or comment, call 07745001143 or 07847 830164

3rd Statement from Mike Schwarz, Lawyer to the Defendants 15th January, 2010 I make this statement (in addition to the two statements on the Bindmans‘ website) in response to revelations in today‘s media that the police recorded but have withheld from the defence covert recordings of a meeting or meetings of campaigners at which PC Kennedy was present; and also that PC Kennedy had approached Max Clifford with a view to selling his story to the newspapers. I have a number of concerns and comments. First, there is the process. This is an entirely unsatisfactory way for information about PC Kennedy‘s undercover operations to come out. The police and Crown generally should have disclosed all this material to the defence and / or the Crown Court judges who dealt with the trials of the acquitted 6 or the convicted 20 before their cases came to trial. Specifically, so far as PC Kennedy‘s apparent contact with Mr Clifford is concerned, any information from or about PC Kennedy should be disclosure direct and formally to those affected, the defendants in particular. PC Kennedy can, for example, provide the defence and prosecution teams with a statement. Anything short of this would amount to disclosure by tabloid. Second, there is the content. It reinforces me in my view that the role of PC Kennedy in the planning of the action at Ratcliffe power station is as central to the safety of the convictions of the 20 as it was decisive in causing the collapse of the trial of the 6. Third, there is the way ahead. I do not think that a referral to the IPCC, as confirmed by the IPCC yesterday, is sufficient either to get to the bottom of what has happened, or investigate reports of more widespread police failings. The IPCC have, for example, limited themselves to the issue of police disclosure in the Ratcliffe trials. 22


An inquiry by Her Majesty‘s Inspectorate of Constabulary, which has also been mentioned in the press, is and will be seen to be an exercise in the police investigating the police. A far wider, more powerful, independent enquiry is required – a judge-led enquiry for which the Macpherson inquiry into the Stephen Lawrence murder provides an off the shelf model, looking as it did at both the specifics of the case and the wider concerns about policing and race. What has so far emerged of the PC Kennedy episode highlights similar concerns about the police‘s conduct of the Ratcliffe case. It also raises wider concerns about the use of undercover police, particularly their use against those exercising democratic rights of protest and expression; as well as concerns about the policing of protests generally, the police services‘ policies and their accountability. Mike Schwarz Solicitor for the acquitted 6 and the convicted 20 Ratcliffe environmental campaigners m.schwarz@bindmans.com

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Questions in the House House of Commons Monday, 10 January 2011 Points of Order 4.39 pm Column 44 Mr David Winnick (Walsall North) (Lab): On a point of order, Mr Speaker. There is a good deal of disquiet over the proceedings against six demonstrators. The case has been dropped because the police were very reluctant to give information about an undercover agent. It is not unknown, of course, for police officers to act as undercover agents, and in many cases it is perfectly justified, such as in terrorism cases that safeguard our country. It appears that the police constable in this case was not just an undercover agent; he has more or less admitted that he was acting as an agent provocateur-there is no other way to describe it. Is there any way in which the Home Secretary can be asked to make a statement on this case, which as I said is creating a good deal of disquiet? Mr Speaker: It is up to a Minister in the Home Office or another relevant Department to decide whether to make a statement. On the face of it, this seems to be good material for a business question. The hon. Gentleman might want to raise the matter at the appropriate slot on Thursday. That is the best that I can offer him at the moment. http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm110110/debtext/110110-0002.htm#1101109000707

~~~~~~~~~~~~ Later, David Winnick MP, a Labour member of the House of Commons Home Affairs Select Committee, said: "The concern is not the fact that the Metropolitan Police, and possibly other police forces, use undercover agents. No-one is so naive as to believe that that hasn't been the case since time began. My concern is the manner in which it has been alleged that Kennedy acted almost as an agent provocateur. In these circumstances, I think (Home Secretary Theresa May) should come to the Commons and make a statement." ~~~~~~~~~~~~ House of Lords Wednesday, 12 January 2011. Police: Protest Groups Question 3.41 pm Asked By Baroness Miller of Chilthorne Domer To ask Her Majesty's Government what discussions they have had with the police about the use of undercover operations in relation to environmental protest groups. The Minister of State, Home Office (Baroness Neville-Jones): My Lords, decisions on intelligence gathering are operational matters for chief officers 24


working within the relevant legal framework. The Government do not discuss with the police the use of undercover operations in relation to environmental protest groups. The Home Office has spoken to Nottinghamshire Police about the next steps in this case, which has been referred to the Independent Police Complaints Commission. It is talking to ACPO and HMIC about which body is in the best position to undertake a review of the wider lessons to be learnt. Baroness Miller of Chilthorne Domer: My Lords, I thank my noble friend for her reply and I hope that we can have an inquiry into the workings of these police units. I am sure that she would agree that we cannot have a situation of overtly having freedom of speech and freedom to demonstrate but covertly demonstrators are in fear of agents provocateurs and of being spied on and put on databases held secretly when they have no idea what is going on. Does she agree that there is far more to this than the one simple case? We need to clean up the position so that people can demonstrate. If they commit criminal acts, they will be prosecuted, but if they demonstrate in good faith, they should be able to do so without fear. Baroness Neville-Jones: My Lords, it is fairly clear that Nottinghamshire Police wish to have this episode investigated. They are aware that something is not quite right. We ought to await the outcome of that investigation, and indeed, if there is a wider investigation into the longer-term consequences, what HMIC will do. It is clear that there are governance issues, which ought to be looked at. The Government have already done certain things in relation to the governance of such matters. We are in favour, as is the whole House, of the right to peaceful protest and we will certainly not resile from that, but unfortunately not all protests are peaceful and in those circumstances the police need to benefit from good intelligence. Key to good policing of protests as a whole is ensuring the right to protest of those who are peaceful and limiting the activities of those who wish to do damage. Lord Mayhew of Twysden: My Lords, is there a code of practice that describes the legitimate use of undercover police officers? Do not these officers, in going about their very important, difficult and often dangerous work, have to be very careful not to pressure, persuade or instigate the commission of an offence so as not to lead to their ultimate evidence being excluded by the trial judge on the grounds of unfair entrapment? If there is not a code of practice, would it not be a good idea to have one? If there is, is it being followed? Baroness Neville-Jones: My noble and learned friend makes a very important point. As I mentioned, governance in this area is a very important element. I must say that the police agree. The chief constable of West Midlands himself has said that the line is not to be crossed between infiltration to gather intelligence and the agent provocateur. He is quite right. As to the codes of practice, the legal framework is provided for by regulations contained in the Regulation of Investigatory Powers Act. There is also a code of conduct and practice, which has been published by the Home Office under the previous Government, on how covert human intelligence sources should operate. The independent Office of Surveillance Commissioners has also provided procedural and interpretational advice. 25


Noble Lords: Too long! Baroness Neville-Jones: I am telling the House what I think that it would like to know: what the governance arrangements are. Lord Harris of Haringey: My Lords, I declare an interest as a member of the Metropolitan Police Authority, although I have not been briefed on this issue. Can the noble Baroness confirm that all such operations would require RIPA authorisation, and what level of authorisation is required? Can she also tell us whether there is an expectation that such operations would be subject to regular internal review at a senior level regarding whether they were still appropriate and proportionate in the light of circumstances? Baroness Neville-Jones: RIPA-the Regulation of Investigatory Powers Actspecifies how that should be done. The authorisation has to be by a senior officer. There has to be a regular instruction and record kept and there are various other procedures in the Act which are designed to manage and control the operation. I do not think that it is the framework that is lacking. Lord Macdonald of River Glaven: My Lords, does the Minister agree that undercover policing is an essential resource that has resulted in many dangerous criminals and criminal gangs being brought to justice-thanks, in large part, to the courage of the individuals involved in that work-and that it would therefore be an enormous pity if public confidence in that technique were to be diminished or undermined? In those circumstances, does she agree that undercover policing needs to be firmly controlled and used only in the most appropriate cases? Although she does not want to comment on individual cases, in general terms can she think of any circumstances in which it would be appropriate for an undercover police officer to be embedded for seven years among a group of climate change campaigners? Baroness Neville-Jones: I think that there is widespread agreement in the House with what the noble Lord has said, for which I thank him. I do not want to comment on the individual case, but clearly the length of time would need to be looked at. Lord Hunt of Kings Heath: My Lords, the noble Baroness mentioned the possibility of a wider review following discussions with ACPO. In view of the debate today, does she agree that there ought to be a wider review? Can she also reassure the House that the outcome of that review will be made public? Baroness Neville-Jones: My Lords, Nottinghamshire Police are in direct contact at the moment with ACPO and HMIC. The question is who does it: who is best placed to do it. I would have thought that that is a matter that would be made public. http://www.publications.parliament.uk/pa/ld201011/ldhansrd/text/110112-0001.htm#11011253000341

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PC Mark Kennedy – Some Details Here are some facts Graduated as a police constable from Hendon police training college in 1994 February 9, 2010: Mark J Kennedy set up Tokra Ltd. (His full name is Mark John Kennedy and he was born in Camberwell on July 7, 1969 – the same DOB as his false ‗Mark Stone‘ passport. His mother‘s name was Jones.) Its registered address is: 36 Orchard Drive Linslade Leighton Buzzard Beds LU7 2PL Kennedy gives his DOB as 07/07/1969 and describes himself as a ‗Logistics Officer‘. (This is the home address of Heather Millgate who had, since at least 2007, been describing herself as ‗Marketing Manager‘ of Global Open Ltd.) February 19, 2010: Heather Mary Millgate became a Director of Global Open Ltd. March 31, 2010: Tokra Ltd changes its address to: Suite 2029, Slighton House Rankine Road Basingtstoke RG24 8PH April 2010: Kennedy resigns from the police. April 12, 2010: Kennedy applies for Tokra Ltd to be dissolved. May 4, 2010: Notice is given that Tokra Ltd will be dissolved. August 17, 2010: Tokra Ltd was dissolved. August 31, 2010: Heather Mary Millgate resigned as a Director of Global Open.

Global Open Ltd http://www.globalopen-uk.com/services/

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Global Open Ltd Basic information service The basic information service is ideal for corporations operating at a low residual level of threat. We ensure our clients have peace-of-mind by: * Maintaining a discreet watch on groups that may present a risk to a corporation's reputation or safety; * Allowing clients to manage their physical risk effectively; * Providing a low-cost response commensurate with a current threat; * Supplying clients with weekly, industry-specific reports; * Publishing up-to-date future intelligence on our bulletin board. Intelligence gathering services Aimed at clients at a more serious level of threat from activism. Global Open provide: * Forward-looking intelligence; * An assessment of future events with the potential for conflict; * A 24-hour warning service indicating, wherever possible, if a company is about to be targeted; * Notification of high-risk dates; * Immediate circulation of new activist tactics; * A daily summary of events as required; * Circulation of the movement of activist groups; * Telephone and email access to our analysts in order to answer your questions. * Graphs and push-pin maps of the current threat in any country or region. Other intelligence gathering services Companies currently being targeted by activists require fast access to information in order to avoid the effects of economic sabotage and personal harassment. Where necessary, Global Open will: * Discuss the level of intelligence gathering required by the client and act within those instructions; * Advise whether the requirement is considered to be proportionate to the risk. Companies engaged in project security who are concerned about the threat from activism should arrange an appointment to discuss their requirements. Strategic assessment Until they are targeted, risk managers engaged in business continuity planning often exclude the risk from activism connected with, for example: * Animal rights; * Environmental issues; * Anti-corporatism; * Anti-globalisation. Activists claim that peaceful protest is ineffective. They know that a company is unlikely to change its core business because of the presence of demonstrators. Consequently, activism now extends to the suppliers and service providers of the main target company. Global Open can make a strategic assessment so a company may see where it lies in the scale of a particular campaign and make an appropriate response. Global Open Ltd http://www.globalopen-uk.com/services/

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Links [2nd Trial + Aftermath] Section 1(1) of the Criminal Law Act 1977. http://www.legislation.gov.uk/ukpga/1977/45/part/I

Indymedia Nottingham: 2011 Nottingham Ratcliffe: 2nd Court Case of 6 activist Collapses http://notts.indymedia.org.uk/articles/867 2011 Nottingham Ratcliffe Trial: Media interest outside court [Video] http://notts.indymedia.org.uk/tumbles/869 2011 Nottingham Ratcliffe Trial Collapses: Solicitors Statement & media questions on Nttm Crown Court Steps [Video] http://notts.indymedia.org.uk/tumbles/879 2011 Nottingham Undercover police officer back in the spotlight [Feature] http://notts.indymedia.org.uk/articles/870

Indymedia UK: Release the Kennedy Files - Indymedia UK 11 January 2011 http://www.indymedia.org.uk/en/2011/01/471846.html I can't forgive Mark Kennedy's betrayal of activists - Emily Apple Indymedia UK 11 January 2011 http://www.indymedia.org.uk/en/2011/01/471873.html Mark Kennedy, Global Open Ltd and E.ON - Indymedia UK 12 January 2011 http://www.indymedia.org.uk/en/2011/01/471916.html The 'censored' Mark Kennedy article - Indymedia UK 12 January 2011 http://www.indymedia.org.uk/en/2011/01/471946.html Post Flash Fallout, Lessons and Activist security - Indymedia UK 12 January 2011 http://www.indymedia.org.uk/en/2011/01/471949.html Officer A [Lynn Watson] - Indymedia UK 13 January 2011 http://www.indymedia.org.uk/en/2011/01/471994.html Saving Iceland statement on Mark Stone - Indymedia UK 13 January 2011 http://www.indymedia.org.uk/en/2011/01/472016.html Global Open DID work for E.ON - Indymedia UK 14 January 2011 http://www.indymedia.org.uk/en/2011/01/472069.html Kennedy Mania in the Mainstream Media - Indymedia UK 14 January 2011 http://www.indymedia.org.uk/en/2011/01/472102.html Three undercover political Police unmasked as infiltrators into UK Anarchist, Anti-Fascist and Climate Justice movements - Indymedia UK 14 January 2011 http://www.indymedia.org.uk/en/2011/01/472162.html Berlin's anarchist black cross on Mark Kennedy - Indymedia UK 15 January 2011 http://www.indymedia.org.uk/en/2011/01/472157.html Three undercover political Police unmasked as infiltrators into UK Anarchist, Anti-Fascist and Climate Justice movements - Feature Indymedia UK 19 January 2011 http://www.indymedia.org.uk/en/2011/01/472363.html Ratcliffe of Trial

http://ratcliffeontrial.org

Campaigners expose undercover cop to prove their innocence http://ratcliffeontrial.org/collapse 1st Trial and progress Notes from the previous trial held at Nottingham Magistrates Court from 14 – 16th January 2008 : Ratcliffe Power Station : Court Case Reporting [additionally, this post contains some collected links to past coverage of the issues surrounding the Ratcliffe Power Station and concern about its operations] .PDF 13.5Mb http://notts.indymedia.org.uk/zines/670 2009 Nottingham Mass Arrest of 114 Climate Activists in Raid in Nottingham http://indymedia.org.uk/en/2009/04/427471.html http://indymedia.org.uk/en/2009/04/427496.html

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Report PDF on the Trial Progress: 2011 Nottingham 1st Ratcliffe Crown Court Trial Nov 2010 - Jan 2011 PDF 13.5MB http://notts.indymedia.org.uk/system/file_upload/2011/01/08/72/ratcliffe_crown_court_case__nov_2010__no_names.pdf 2011 Nottingham 1st Ratcliffe Crown Court Trial 'last 2x sentenced' PDF 1.1MB http://notts.indymedia.org.uk/system/file_upload/2011/01/26/78/ratcliffe_crown_court_case_1a__18jan_.pdf Earlier Indymedia daily coverage of the progress of this trial with the daily links: Ratcliffe Trial Day 16 – Return for Sentencing http://notts.indymedia.org.uk/articles/847

Ratcliffe on Trial Blog Ratcliffe-On-Trial – Twitter Ratcliffe-On-Trial - Facebook Activist Speech on the Ratcliffe Trial Contact: info@ratcliffeontrial.org

http://ratcliffeontrial.org/blog http://twitter.com/ratcliffetrial http://www.facebook.com/pages/Ratcliffe-On-Trial/109572312438910 http://notts.indymedia.org.uk/videos/798

Mainstream: Ratcliffe coal protesters spared jail sentences - Paul Lewis & Nidhi Prakash Guardian 5 January 2011 http://www.guardian.co.uk/environment/2011/jan/05/ratcliffe-coal-protesters-sentence The climate movement is in desperate need of renewal - Bradley Day Guardian 5 January 2011 If a jury that received extensive education on climate change could not vindicate the Ratcliffe activists, then who will? http://www.guardian.co.uk/environment/cif-green/2011/jan/05/climate-movement-renewal-ratcliffe Why we need a law on ecocide - Polly Higgins Guardian 5 January 2011 Until we have a law to prosecute those who destroy the planet, corporations will never be called to account for their crimes http://www.guardian.co.uk/environment/cif-green/2011/jan/05/ecocide-law-ratcliffe Climate change protesters are sentenced - Nottingham Post 5 January 2011 http://www.thisisnottingham.co.uk/education/Climate-change-protesters-sentenced/article-3068314-detail/article.html Ratcliffe power station protest trial costs add up to £700k - Nottingham Post 6 January 2011 http://www.thisisnottingham.co.uk/courts/Climate-change-trial-costs-add-163-700k/article-3070719-detail/article.html Undercover officer spied on green activists - Rob Evans and Paul Lewis Guardian 9 January 2011 http://www.guardian.co.uk/uk/2011/jan/09/undercover-office-green-activists Mark Kennedy: A journey from undercover cop to 'bona fide' activist - Paul Lewis Guardian 10 January 2011 http://www.guardian.co.uk/environment/2011/jan/10/mark-kennedy-undercover-cop-activist Lawyer Mike Schwarz's statement on Mark Kennedy and the Ratcliffe trial A statement on undercover policeman Mark Kennedy by the lawyer for the 18 activists charged for planning to shut down the Ratcliffe coal power station http://www.guardian.co.uk/environment/2011/jan/10/activism-climate-change Environmental activists demand inquiry into undercover officer's role - Rob Evans and Paul Lewis Guardian 10 January 2011 http://www.guardian.co.uk/environment/2011/jan/10/environmental-activists-inquiry-undercover-officer Activists walk free as undercover officer prompts collapse of case - Rob Evans and Paul Lewis Guardian 10 January 2011 http://www.guardian.co.uk/environment/2011/jan/10/activists-undercover-officer-mark-kennedy I can't forgive Mark Kennedy's betrayal of activists - Emily Apple, Guardian 10 January 2011 http://www.guardian.co.uk/commentisfree/2011/jan/10/mark-kennedy-undercover-policeman-activist Activist: 'We trusted Mark – and he betrayed us' - Bradley Day, Guardian 10 January 2011 http://www.guardian.co.uk/environment/2011/jan/10/activist-undercover-officer-mark-kennedy Fine line between undercover observer and agent provocateur - Vikram Dodd, Guardian 10 January 2011 http://www.guardian.co.uk/uk/2011/jan/10/fine-line-undercover-officer Mark Kennedy knew of second undercover eco-activist - Paul Lewis, Rob Evans and Martin Wainwright, Guardian 10 January 2011 http://www.guardian.co.uk/environment/2011/jan/10/mark-kennedy-second-undercover-ecoactivist MP in Germany says Mark Kennedy 'trespassed' in Berlin activists' lives Helen Pidd and Paul Lewis, Guardian 10 January 2011 http://www.guardian.co.uk/world/2011/jan/10/mp-germany-mark-kennedy-activists

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IPCC called in over power station trial collapse - Channel4 news 10 January 2011 http://www.channel4.com/news/trial-collapses-as-undercover-policeman-switches-sides?99765545 Mr David Winnick (Walsall North) (Lab): On a point of order - Hansard Debates House of Commons 10 January 2011 http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm110110/debtext/110110-0002.htm#1101109000707 Notts Police call for inquiries into collapse of trial- Nottinghamshire Police http://www.nottinghamshire.police.uk/newsandevents/news/2011/january/10/notts_police_call_for_inquiries_into_collapse_of_trial/

Undercover policeman causes trial collapse - BBC Today Program 10 January 2011 http://news.bbc.co.uk/today/hi/today/newsid_9353000/9353524.stm Lawyer criticises police on undercover Pc Mark Kennedy - BBC 10 January 2011 http://www.bbc.co.uk/news/uk-12152484 'Serious questions' about after green trial collapse - BBC 10 January 2011 http://www.bbc.co.uk/news/uk-12149700 Trial collapses after undercover officer changes sides - BBC Newsnight 10 January 2011 http://www.bbc.co.uk/news/uk-12148753 Trial abandoned after undercover policeman offers to help defence team - Nottingham Post 10 January 2011 http://www.thisisnottingham.co.uk/courts/Trial-abandoned-undercover-policeman-offers-help-defence-team/article3081278-detail/article.html My arrest. Because of Mark Kennedy? http://tinyurl.com/29xlbvl - Amelia Gregory http://www.ameliasmagazine.com/earth/did-pc-mark-flash-kennedy-ensure-my-arrest-as-one-of-the-ratcliffe-114/2011/01/10/

Ratcliffe on trial: one activist‘s story http://just-do-it.org.uk/ratcliffe-on-trial-one-defendants-story Role of undercover Pc questioned after he switches sides - BBC Newsnight 11 January 2011 http://www.bbc.co.uk/news/uk-12158352 Inquiry call over climate campaign undercover police officer - Matt Dickinson, The Independent 11 January 2011 http://www.independent.co.uk/news/uk/crime/inquiry-call-over-climate-campaign-undercover-police-officer-2180527.html Policing protest: When the line is crossed - Editorial, Guardian 11 January 2011 http://www.guardian.co.uk/commentisfree/2011/jan/11/policing-protest-editorial The police spy who switched sides: After operation costing £2m, officer goes native to defend eco-warriors Andrew Malone. Daily Mail 11 January 2011 http://www.dailymail.co.uk/news/article-1345969/Policy-spy-Mark-stone-switched-sides-defend-eco-warriors-court.html Notts' police chief calls for inquiry after climate protest trial abandoned - Nottingham Post 11 January 2011 http://www.thisisnottingham.co.uk/crime/Calls-action-climate-protest-trial-abandoned/article-3083033-detail/article.html Undercover officers: Limited rules on sexual encounters Officers can participate in criminal activities in limited circumstances, but must not initiate crimes Vikram Dodd, Guardian 11 January 2011 http://www.guardian.co.uk/law/2011/jan/11/undercover-activists-sexual-encounters Calls for inquiry into conduct of undercover police officer. Activist says she feels 'violated' by sexual relationship with man unmasked as undercover officer Paul Lewis, Rob Evans and Vikram Dodd, Guardian 11 January 2011 http://www.guardian.co.uk/environment/2011/jan/11/activist-undercover-officer-violated-relationship Tricked, betrayed, violated: did police spy use sex to win activists' trust? Woman questions motives of PC Mark Kennedy's relationships while he spent seven years undercover in the protest community Paul Lewis and Rob Evans, Guardian 11 January 2011 http://www.guardian.co.uk/environment/2011/jan/11/undercover-officer-sexual-tactics Spying: undercover operatives' tales revealed. Four people in the frame for spying on activist groups – and one who resisted recruitment - Guardian 11 January 2011 http://www.guardian.co.uk/environment/2011/jan/11/spying-undercover-officers The state's pedlars of fear must be brought to account - Simon Jenkins, Guardian 11 January 2011 http://www.guardian.co.uk/commentisfree/2011/jan/11/police-reform-mark-stone-terrorism Mark Kennedy row escalates as German politician steps in - Matthew Taylor, Guardian 12 January 2011 http://www.guardian.co.uk/world/2011/jan/12/mark-kennedy-undercover-police

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Second police officer to infiltrate environmental activists unmasked 'Officer A', who played key role in climate camp, has been accused of betraying friends worried by her disappearance Paul Lewis, Rob Evans and Martin Wainwright . Guardian 12 January 2011 http://www.guardian.co.uk/environment/2011/jan/12/second-undercover-police-officer-unmasked Tale of undercover eco-warrior PC could hit the big screen Film-makers have reportedly approached the group of activists whom Mark Kennedy spent seven years infiltrating Ben Child. Guardian 12 January 2011 http://www.guardian.co.uk/film/2011/jan/12/undercover-eco-pc-film-activists Undercover police officer Mark Kennedy at centre of international row Questions asked over officer in German and Irish parliaments as new allegations of sexual activity surface Paul Lewis, Matthew Taylor, Guardian 13 January 2011 http://www.guardian.co.uk/environment/2011/jan/12/activism-protest Tale of undercover eco-warrior PC could hit the big screen Film-makers have reportedly approached the group of activists whom Mark Kennedy spent seven years infiltrating Ben Child. Guardian 12 January 2011 http://www.guardian.co.uk/film/2011/jan/12/undercover-eco-pc-film-activists British policeman infiltrated radical protest groups - Scott Millar, Irish Examiner 12 January 2011 http://www.irishexaminer.com/ireland/british-policeman-infiltrated-radical-protest-groups-141672.html Mark Kennedy: secret policeman's sideline as corporate spy. Former undercover officer apparently also worked privately as a corporate spy using the same false identity Rob Evans, Amelia Hill, Paul Lewis and Patrick Kingsley. Guardian 13 January 2011 http://www.guardian.co.uk/environment/2011/jan/12/mark-kennedy-policeman-corporate-spy Revealed: Second undercover police officer who posed as activist Spy spent four years living in Leeds and played a central role in planning a demonstration to shut down the Drax power station Paul Lewis, Rob Evans and Vikram Dodd. Guardian 13 January 2011 http://www.guardian.co.uk/uk/2011/jan/12/second-undercover-police-officer Undercover and over-the-top: The collapse of the Ratcliffe trial - Danny Chivers New Internationalist 13 January 2011 http://www.newint.org/features/web-exclusive/2011/01/12/undercover-and-over-the-top-collapse-of-ratcliffe-trial/ Public confidence in undercover police work could be 'diminished' by power station case Delia monk, Nottingham Post 13 January 2011 http://www.thisisnottingham.co.uk/education/Public-confidence-diminished-police-intelligence-gathering-following-power-station-protest/article-3096421-detail/article.html

Mark Kennedy 'took part in attack on Irish police officers at EU summit' Henry McDonald in Dublin. Guardian 14 January 2011 http://www.guardian.co.uk/environment/2011/jan/14/mark-kennedy-eu-summit-protest Undercover police officer 'could be prosecuted in Germany' - Helen Pidd. Guardian 14 January 2011 http://www.guardian.co.uk/environment/2011/jan/14/undercover-police-officer-germany-row Mark Kennedy 'played key role in forming green movement in Iceland' - Amelia Hill. Guardian 14 January 2011 http://www.guardian.co.uk/environment/2011/jan/14/mark-kennedy-iceland-green-movement Third undercover police spy unmasked as scale of network emerges: 44-year-old infiltrated Cardiff anarchist group Paul Lewis, Matthew Taylor and Rajeev Syal. Guardian 14 January 2011 http://www.guardian.co.uk/uk/2011/jan/14/third-undercover-police-spy-cardiff Police climate spies can't break us - Kate Anderson. Guardian 14 January 2011 Planting police spies among green activists was an attempt to derail a growing social movement – and it has failed http://www.guardian.co.uk/commentisfree/cif-green/2011/jan/14/police-climate-spies-climate-movement Second police spy in climate protest group revealed BBC Newsnight, 14 January 2011 http://news.bbc.co.uk/1/hi/programmes/newsnight/9361968.stm Orde: 'Every police officer is answerable to the law' BBC Newsnight, 14 January 2011 http://news.bbc.co.uk/1/hi/programmes/newsnight/9361905.stm The wife of the undercover policeman struggling to come to terms with his secret affairs Daily Telegraph 15 January 2011 http://www.telegraph.co.uk/earth/earthnews/8261958/The-wife-of-the-undercover-policeman-struggling-to-come-to-terms-with-his-secret-affairs.html

Ex-undercover Pc Mark Kennedy says he is a 'scapegoat' - BBC. 15 January 2011 http://www.bbc.co.uk/news/uk-12199686 IPCC investigation into climate protest trial collapse to look at evidence disclosure by Notts Police Nottingham Post 15 January 2011 http://www.thisisnottingham.co.uk/crime/IPCC-investigation-climate-protest-trial-collapse-look-evidence-disclosure-Notts-Police/article-3105849-detail/article.html

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I am in fear for my life: Undercover policeman tells amazing story of eight years with eco-warriors Daily Mail. 15 January 2011 http://www.dailymail.co.uk/news/article-1347478/Undercover-policeman-tells-amazing-story-years-eco-warriors-I-fear-life.html

Video: http://link.brightcove.com/services/player/bcpid72484359001?bckey=AQ~~,AAAAAFSL1bg~,CmS1EFtcMWGovGFz9QK5QoNdeeLc1Zro&bctid=751486431001

How beautiful redhead girlfriend blew eco-spy's cover after finding passport with his real name Mail on Sunday. 16 January 2011 http://www.dailymail.co.uk/news/article-1347561/Undercover-policeman-I-loved-lady-I-really-did-Then-passport-real-it.html Nick Stern, Photographer http://nickstern.wordpress.com Nick Stern pictures of Mark Kennedy [Exclusive – Mail on Sunday – ‗I‘m the victim of smears‘] http://nickstern.wordpress.com/2011/01/16/exclusive-mail-on-sunday-im-the-victim-of-smears Mark Kennedy says he fears for his life - Press Association. Guardian 16 January 2011 http://www.guardian.co.uk/environment/2011/jan/16/mark-kennedy-living-nightmare-trial-collapse Mark Kennedy and the impenetrable world of police moles - Mark Townsend. Guardian 16 January 2011 http://www.guardian.co.uk/environment/2011/jan/16/mark-kennedy-secret-moles Mark Kennedy accuses senior officers of suppressing vital evidence Rob Evans and Paul Lewis. Guardian 16 January 2011 http://www.guardian.co.uk/environment/2011/jan/16/mark-kennedy-senior-officers-evidence Mark Kennedy: undercover cop or eco-warrior? - Paul Lewis. Guardian 16 January 2011 Spy's interview leaves no one any clearer as to exactly where his loyalties lie http://www.guardian.co.uk/environment/2011/jan/16/mark-kennedy-undercover-eco-warrior Don't take Mark Kennedy's story at face value Activists tricked by the police spy don't want his blood – but he has, in their view, tailored the truth to suit his narrative Paul Lewis. Guardian 17 January 2011 http://www.guardian.co.uk/commentisfree/cif-green/2011/jan/17/mark-kennedy-police-spy Ratcliffe case: Police smear campaign continues despite Mark Kennedy revelations Bradley Day. Guardian 17 January 2011 http://www.guardian.co.uk/environment/cif-green/2011/jan/17/ratcliffe-police Eco-terrorism: the non-existent threat we spend millions policing Spying on environmental activists serves no one's interests except for big corporations. Let's end this insult to democracy George Monbiot. Guardian 17 January 2011 http://www.guardian.co.uk/commentisfree/2011/jan/17/eco-terrorism-policing-environmental-activists Undercover police spy ring: minister to be questioned about Mark Kennedy Government minister Nick Herbert, who has responsibility for policing, to be questioned by MPs about Mark Kennedy Paul Lewis and Rob Evans . Guardian 17 January 2011 http://www.guardian.co.uk/environment/2011/jan/17/undercover-spy-ring-minister-kennedy Clean-up of covert policing ordered after Mark Kennedy revelations Home Office minister Nick Herbert says Acpo will lose control of three teams involved in tackling 'domestic extremism' Alan Travis, Paul Lewis and Martin Wainwright, Guardian 18 January 2011 http://www.guardian.co.uk/uk/2011/jan/18/covert-policing-cleanup-acpo Last Ratcliffe-on-Soar climate protesters walk free Activists call for undercover policing inquiry as they are given community service orders Martin Wainwright, Guardian 18 January 2011 http://www.guardian.co.uk/uk/2011/jan/18/ratcliffe-climate-protesters-walk-free Spying on protest groups has gone badly wrong, police chiefs say Senior officers say undercover operations need independent regulation as criticism mounts over the Mark Kennedy case Paul Lewis and Rob Evans, Guardian 19 January 2011 http://www.guardian.co.uk/uk/2011/jan/19/protest-groups-undercover-mark-kennedy Undercover policeman married activist he was sent to spy on Chief constable says relationships with targets in environmental movement 'grossly unprofessional' Paul Lewis, Rob Evans and Rowenna Davis, Guardian 19 January 2011 http://www.guardian.co.uk/uk/2011/jan/19/undercover-policeman-married-activist-spy Undercover police: Officer A named as Lynn Watson Rajeev Syal and Martin Wainwright, Guardian 19 January 2011 http://www.guardian.co.uk/uk/2011/jan/19/undercover-police-officer-lynn-watson Undercover police: Officer B identified as Mark Jacobs - Rajeev Syal, Guardian 19 January 2011 http://www.guardian.co.uk/uk/2011/jan/19/undercover-police-officer-mark-jacobs

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Ex-wife of police spy tells how she fell in love and had children with him Paul Lewis, Rob Evans and Rowenna Davis, Guardian 19 January 2011 http://www.guardian.co.uk/environment/2011/jan/19/wife-fourth-police-spy-children Agency will review use of undercover officer Mark Kennedy - Nottingham Post 20 January 2011 http://www.thisisnottingham.co.uk/courts/Agency-review-use-undercover-officer/article-3123206-detail/article.html Police spy who married activist suspended from duty - Jo Adetunji, Guardian 21 January 2011 http://www.guardian.co.uk/uk/2011/jan/21/police-spy-married-suspended-duty Undercover police scandal: why we urgently need a judge-led inquiry - Dan Glass, Ecologist 21 January 2011 http://www.theecologist.org/blogs_and_comments/commentators/other_comments/739658/undercover_police_scandal_w hy_we_need_an_urgent_judgeled_inquiry.html Undercover police cleared 'to have sex with activists' - Mark Townsend and Tony Thompson, Guardian 22 January 2011 http://www.guardian.co.uk/uk/2011/jan/22/undercover-police-cleared-sex-activists How undercover officers squandered millions of pounds, with flash cars, luxury flats and up to 14 hours' overtime a day Mail on Sunday 23 January 2011 http://www.dailymail.co.uk/news/article-1349647/How-undercover-officers-squandered-millions-pounds-flash-cars-luxury-flats-14-hours-overtime-day.html

Anger as merger of 'spy cop' squads lumps protestors in with terrorists - Mail on Sunday 23 January 2011 http://www.dailymail.co.uk/news/article-1349737/Police-merger-lumps-peaceful-protestors-terrorists-spy-cop-scandal.html Undercover cop used modified watch to record eco meetings - Nottingham Post 23 January 2011 http://www.thisisnottingham.co.uk/education/Undercover-cop-used-modified-watch-record-eco-meetings/article-3133679-detail/article.html

Are environmental activists really a spying priority? Revelations about policemen spying on environmental activists suggest we need a sense of perspective on threats to the nation Annie Machon, Guardian 23 January 2011 http://www.guardian.co.uk/commentisfree/libertycentral/2011/jan/23/environmental-activists-policemen-spying Undercover police officer warns against giving Met control of spy unit Rob Evans, Tony Thompson and Paul Lewis, Guardian 24 January 2011 http://www.guardian.co.uk/uk/2011/jan/24/undercover-police-met-spy-unit The price of undercover sex in the police Sexual manipulation of climate activists appears to have been a deliberate police tactic, and demands a public inquiry Tamsin Allen, Guardian 25 January 2011 http://www.guardian.co.uk/commentisfree/2011/jan/25/undercover-sex-police-climate-activists Gardai let undercover UK officer protest here - Irish Independent 25 January 2011 http://www.independent.ie/national-news/gardai-let-undercover-uk-officer-protest-here-2509066.html MPs question Acting Metropolitan Police Commissioner Tim Godwin, and Commander Bob Broadhurst on use of undercover officers - Home Affairs Select Committee, 25 January 2011 http://www.parliament.uk/business/committees/committees-a-z/commons-select/home-affairs-committee/news/110124-undercover-police/

[Video] http://www.parliamentlive.tv/Main/Player.aspx?meetingId=7503 [Starts 12min 30secs in ] Met counter-terrorism chief to take over protest spy unit John Yates's appointment comes as senior officers apologise for misleading MPs over undercover policing at G20 protests Rob Evans and Paul Lewis, Guardian 25 January 2011 http://www.guardian.co.uk/uk/2011/jan/25/met-undercover-policing-unit-g20 Undercover Police Officer Filmed in Clown Costume - Channel4, 25 January 2011 http://www.channel4.com/news/undercover-police-officer-filmed-in-clown-costume Mark Kennedy infiltrated German anti-fascists, Bundestag told Police chief tells German MPs in secret sitting that undercover police officer broke law while in Germany Amelia Hill and Luke Harding, Guardian 26 January 2011 http://www.guardian.co.uk/environment/2011/jan/26/mark-kennedy-german-bundestag Ratcliffe-on-Soar campaigners' cases reviewed by CPS - BBC Nottingham 28 January 2011 http://www.bbc.co.uk/news/uk-england-nottinghamshire-12304612

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Officers 'A' + 'B' & now 'C' Undercover policeman reveals how he infiltrated UK's violent activists - Observer, Sunday 14 March 2010 http://www.guardian.co.uk/uk/2010/mar/14/undercover-policeman-infiltrated-violent-activists Inside the lonely and violent world of the Yard's elite undercover unit - Observer, Sunday 14 March 2010 http://www.guardian.co.uk/uk/2010/mar/14/undercover-police-far-left-secret More On Officer A and the Special Demonstration Squad, paulstott March 16,2010 http://paulstott.typepad.com/i_intend_to_escape_and_co/2010/03/more-on-officer-a-and-the-special-demonstration-squad-.html

{Peter Black, who is the officer referred to as Officer A by the Observer a former Met officer, was initially deployed against environmental activists protesting against the M11 link road. His deployment lasted from 1993 to 1997.} http://www.guardian.co.uk/uk/2011/jan/24/undercover-police-met-spy-unit > Revealed: Second undercover police officer who posed as activist Spy spent four years living in Leeds and played a central role in planning a demonstration to shut down the Drax power station Paul Lewis, Rob Evans and Vikram Dodd. Guardian 13 January 2011 http://www.guardian.co.uk/uk/2011/jan/12/second-undercover-police-officer Officer A [Lynn Watson] - Indymedia UK 13 January 2011 [lynn watson watwatson@hotmail.com] http://www.indymedia.org.uk/en/2011/01/471994.html Third undercover police spy unmasked as scale of network emerges 44-year-old infiltrated Cardiff anarchist group Paul Lewis, Matthew Taylor and Rajeev Syal. Guardian 14 January 2011 http://www.guardian.co.uk/uk/2011/jan/14/third-undercover-police-spy-cardiff Marco confirmed as undercover cop in Cardiff [Mark Jacobs]- FITwatch 14 January 2011 http://www.fitwatch.org.uk/2011/01/14/marco-confirmed-as-undercover-cop-in-cardiff/ Undercover policeman married activist he was sent to spy on Chief constable says relationships with targets in environmental movement 'grossly unprofessional' Paul Lewis, Rob Evans and Rowenna Davis, Guardian 19 January 2011 http://www.guardian.co.uk/uk/2011/jan/19/undercover-policeman-married-activist-spy Undercover police: Officer B identified as Mark Jacobs - Rajeev Syal, Guardian 19 January 2011 http://www.guardian.co.uk/uk/2011/jan/19/undercover-police-officer-mark-jacobs Ex-wife of police spy tells how she fell in love and had children with him Paul Lewis, Rob Evans and Rowenna Davis, Guardian 19 January 2011 http://www.guardian.co.uk/environment/2011/jan/19/wife-fourth-police-spy-children Undercover police: Officer A named as Lynn Watson Rajeev Syal and Martin Wainwright, Guardian 19 January 2011 http://www.guardian.co.uk/uk/2011/jan/19/undercover-police-officer-lynn-watson Undercover police officer warns against giving Met control of spy unit Rob Evans, Tony Thompson and Paul Lewis, Guardian 24 January 2011 http://www.guardian.co.uk/uk/2011/jan/24/undercover-police-met-spy-unit Police spy Lynn Watson filmed in clown costume at anti-war protest Paul Lewis, Guy Grandjean and Rob Evans, Guardian 25 January 2011 http://www.guardian.co.uk/uk/2011/jan/25/police-spy-lynn-watson-clown

A A B C

Peter Black [original observer piece] Mark Kennedy Lynn Watson Mark Jacobs Jim Boyling

Funny: British police go under the covers YouTube Animated Taiwanese take on undercover police infiltration http://www.youtube.com/watch?v=trOzGk1PO_A [english version] http://www.youtube.com/watch?feature=iv&v=Y6x3_FAM4I4&annotation_id=annotation_454925

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Related Links

26 charged with conspiracy to commit aggravated trespass: NETCU – National Extremism Tactical Coordination Unit http://www.netcu.org.uk/media/article.jsp?id=531&chkx=08301292f62059fd2758740b6fc5e89e Climate change: A Summary of the Science - The Royal Society http://royalsociety.org/climate-change-summary-of-science Nottinghamshire Police http://www.nottinghamshire.police.uk ActivistSecurity.org collective http://www.activistsecurity.org/ Regulation of Investigatory Powers Act 2000 http://www.legislation.gov.uk/ukpga/2000/23 Caught on film and stored on database: how police keep tabs on activists Paul Lewis and Marc Vallée, Guardian 6 March 2009 http://www.guardian.co.uk/uk/2009/mar/06/police-surveillance-database-activists-intelligence Revealed: police databank on thousands of protesters Films and details of campaigners and journalists may breach Human Rights Act Paul Lewis and Marc Vallée, Guardian 7 March 2009 http://www.guardian.co.uk/uk/2009/mar/06/police-surveillance-protesters-journalists-climate-kingsnorth National Public Order Intelligence Unit - wikipedia http://en.wikipedia.org/wiki/National_Public_Order_Intelligence_Unit National Extremism Tactical Coordination Unit NETCU http://www.netcu.org.uk National Public Order Intelligence Unit http://www.acpo.police.uk/NCDE/NPOIU.aspx NPOIU Briefing Summary http://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0BvkCEX941efZTRlMzE0MjYtYThhYS00MTJmLTlmNTAtZDVjODg3NTllZjFm&hl=en&authkey=CLSYg5kH&pli=1 Why we need a law on ecocide - Polly Higgins barrister, international environmental lawyer Guardian 5 January 2011 http://www.guardian.co.uk/environment/cif-green/2011/jan/05/ecocide-law-ratcliffe Polly Higgins: barrister, international environmental lawyer and author of Eradicating Ecocide: Laws and Governance to Prevent the Destruction of our Planet, published by Shepherd-Walwyn. http://www.thisisecocide.com/general/eradicating-ecocide-the-book This Is Ecocide | Making the destruction of our planet a crime http://www.thisisecocide.com Ratcliffe Power Station : 10th April 2007 Trial held at Nottingham Magistrates Court from 14 – 16th January 2008 11 defendants go on trial charged with 'aggravated trespass' an offence under section 69 of the Criminal Justice and Public Order Act 1994. In that they trespassed and then disrupted people engaged in a lawful activity. Judgement delivered on 25th February 2008 http://notts.indymedia.org.uk/zines/670

Greenpeace UK Canonbury Villas, London, N1 2PN Tel: 020 7865 8100 Email (general enquiries): info@uk.greenpeace.org http://www.greenpeace.org.uk

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Ratcliffe Power Station ‘Past’ Links Nottingham Spring into Action :: Ratcliffe-on-Soar Power Station http://indymedia.org.uk/en/2007/04/367714.html http://indymedia.org.uk/en/2007/04/367736.html http://indymedia.org.uk/en/2007/04/367757.html Did Climate Change Cause Floods around Nottinghamshire? http://indymedia.org.uk/en/2007/06/374448.html 'Clean' Coal On Trial [Feature] http://indymedia.org.uk/en/regions/nottinghamshire/2008/01/389386.html Ratcliffe Power Station Court Case : Nottingham Magistrates [day 1-3] http://indymedia.org.uk/en/2008/01/389467.html http://indymedia.org.uk/en/2008/01/389535.html http://indymedia.org.uk/en/2008/01/389654.html Ratcliffe Power station Climate Action, The Verdict http://indymedia.org.uk/en/2008/02/392323.html Ratcliffe Power station Climate Action, The Judgement http://indymedia.org.uk/en/2008/03/392833.html Fossil Fools Blockade E.On Offices in Nottingham http://indymedia.org.uk/en/2008/04/395382.html http://indymedia.org.uk/en/2008/04/395403.html Fossil Fools Blockade E.On Offices Surveillance and Specialist Equipment http://indymedia.org.uk/en/2008/04/395429.html Police Searches Houses After Arrests At E.On Blockade http://indymedia.org.uk/en/2008/04/395366.html Fossil Fools Take On E.ON In Nottingham [Feature] http://indymedia.org.uk/en/2008/04/395424.html Nottingham's part of 48 hours of nationwide action against E.ON http://indymedia.org.uk/en/2008/11/413951.html Ratcliffe-on-Soar Power Station Still Steams Ahead http://indymedia.org.uk/en/2008/12/414383.html E-on Nottingham 'Fossil Fools' protest: prosecution offers no evidence http://indymedia.org.uk/en/2009/01/418610.html No case to answer after Notts E-on protest http://indymedia.org.uk/en/2009/01/419126.html Mass Arrest of 114 Climate Activists in Raid in Nottingham http://indymedia.org.uk/en/2009/04/427471.html http://indymedia.org.uk/en/2009/04/427496.html Ratcliffe Power Station 'Climate Swoop' http://indymedia.org.uk/en/2009/11/441748.html http://indymedia.org.uk/en/2009/11/441774.html http://indymedia.org.uk/en/2009/11/441800.html Ratcliffe Power Station 'Swoop' [on Flickr] http://www.flickr.com/photos/tash/sets/72157622705168956

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Press [2nd Trial + Aftermath]

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NETCU – National Extremism Tactical Coordination Unit http://www.netcu.org.uk/media/article.jsp?id=531&chkx=08301292f62059fd2758740b6fc5e89e

Date: 1 October 2009 26 charged with conspiracy to commit aggravated trespass Twenty-six people have been charged with conspiracy to commit aggravated trespass at Ratcliffe-on-Soar power station. Simon Lewis, 37, of Cliff Mount, Leeds is due to appear before Nottingham magistrates on Monday 5 October. David Barkshire, 43, of Rampton Road, Sheffield; Spencer Pawling, 40, of Llanerchymedd, Gwynedd; Daniel Chivers, 31, of Campbell Road, Oxford; Brody Curtis Stevens, 31, of Andover Street, Sheffield; Sarah Shoraka, 31, of Fairholt Road, London; Paul Kahawatte, 24, of Teynham Road, Whitstable, Kent; Emma Shepards, 28, of Hamilton Road, Manchester and Bradley Day, 22, of Spring Terrace, Swansea are due to appear at Nottingham Magistrates Court on Friday 9 October. Spencer Cooke, 43, of The Square, Bestwood Village, Nottingham; Ben Julian, 32, of Groombridge Road, London; Christopher Kitchen, 31, of Dean Street, Colchester; Jesse Harris, 23, of Hartley Avenue, Leeds; Martin Shaw, 44, of Campbell Road, Oxford; Olaf Bayer, 34 of Campbell Road, Oxford; Oliver Knowles, 34 of Lordship Park, London and Ben Stewart, 35, of Allen Road, London are due to appear at the same court on Monday 12 October Phillip Ashley Murray, 23 of St Stephen's Road, Canterbury, Kent, Jonathan David Leighton, 20, of Basset Avenue, Southampton, Anna Rudd, 30, of Cliff Mount, Leeds, Jacqueline Ann Sheedy, 44, of Foulden Road, London, Daniel Joshua Glass, 25, of Willowbank Street, Glasgow and Anthony Mullen, 35, of Andover Street Sheffield will appear at the same court on Tuesday 13 October. Clare Freda Whitney, 23, of Catherine Street, Cambridge, will appear before magistrates at the same court on Friday 16 October, Lisa Maria Kamphausen, 25, of Highfield Crescent, Southampton is due to appear at the court on Friday 23 October and Adam Keith Weymouth, 25, of Meadow Court, Whiteparish, Salisbury, will be in court on Tuesday 27 October. All were arrested at an independent school in the Sneinton Dale area of Nottingham during a major police operation on 13 April this year. 39


7-year snitch: ‘Flash’ the activist is a secret cop Tim Rayment and Jonathan Leake Sunday Times 19 December 2010 A police officer spent seven years undercover living as a hippie and environmental activist to infiltrate peaceful protest groups Police officer Mark Kennedy aka Mark Stone infiltrated a group of environmental protestors who tried to enter Ratcliffe Power station in Nottinghamshire Stone was unmasked as a suspected police officer by six friends He drank with them, he climbed with them, he even seemed to love them and was loved in return. But Mark ―Flash‖ Stone was living a double life as perhaps the most deeply embedded undercover police officer in Britain. Questions are being asked this weekend as to what the police officer achieved in seven years, living at the taxpayers‘ expense as a hippie and environmental activist. He infiltrated protest groups that were mainly peaceful in nature, moved in with them and travelled to Iceland and all over Europe. His double existence ended when friends discovered documents showing his true identity, leaving a trail of emotional wreckage and a sense of bewilderment that the authorities should invest so much time for a seemingly modest reward. Stone — real name Mark Kennedy — was among 114 people arrested last year on the eve of a planned invasion of a power station. The aim was to shut down Ratcliffe-onSoar in Nottinghamshire for a week, preventing the release of 150,000 tons of carbon dioxide from one of the biggest emitters of greenhouse gases in Europe. He drove the car on the initial reconnaissance and even hired a 7½-ton truck for the main event. But charges against him were dropped, leaving 20 others to be convicted last week of conspiracy to commit aggravated trespass. With his long hair, tattoos and body piercings, nobody suspected that their comrade in saving the planet was a detective. But Stone is thought to be a member of the Special Demonstration Squad (SDS), a secret unit known as ―the Hairies‖ because officers can wear their hair as they please.

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According to one former member, only married officers are accepted into the unit, as they are less likely to ―go native‖ if they have families to return to. Called ―Flash‖ because he had more money than other activists, Stone became a familiar face in Nottingham, hanging about at the Sumac centre, a vegan cafe and social club for people concerned with human and animal rights, the environment and pacifism. He lived with activists in the city. His former friends say he was vehemently anti-police, a pose slightly at odds with a community more inclined to organise workshops on what they perceive as ―bad policing‖ than to fight about it. For the takeover of the power station, the protesters drew up health-and-safety plans and a rule that there would be no violence. They were to stop the conveyor carrying coal into the boilers, climb the 653ft chimney and unfurl protest banners. The workers would be given leaflets reassuring them that jobs could be created by greener energy, while costlier but cleaner gas-fired stations would come on line to supply the National Grid, keeping the nation‘s lights on. Eon, the owner of the station, knew about the action five days beforehand and could have sought an injunction. Instead, the protesters were allowed to assemble and were then arrested. Stone was unmasked as a suspected police officer 18 months later, just before the trial. Confronted by six friends with paperwork showing his real name, he admitted being in the Metropolitan police. The six published a short account of his confession in the green media, to general disbelief. ―Look at the bloke,‖ said one activist. ―What did they do, send him from Hendon [police training centre] to spend five years smoking rollies and living in a tent? It boggles the mind that he‘s spent so long doing basically f***-all, expending so much effort in terms of debate, slow, dull legwork and campaigning — and still be thinking, ‗Aha, fooling these oh-so-dangerous activists brilliantly‘.‖ Last week two police forces confirmed Stone‘s status to The Sunday Times. ―The individual is a Met officer,‖ said Nottinghamshire police. ―He‘s an undercover officer,‖ said the Metropolitan police. ―We can‘t say more.‖ Scotland Yard refused requests for information about the SDS, a unit of the Met with a remit to prevent disorder. It was set up in 1968 after violence at anti-Vietnam war protests. An insight into its methods came this year, when an SDS officer from the 1990s described his work. For four years the officer, Peter Daley, spent one day a week with his wife and family and six as a hate-filled Trotskyist on the wrong side of a riot shield. He was later diagnosed with post-traumatic stress disorder and won an out-of-court settlement. Stone has disappeared from Nottingham, leaving friends in shock. One said: ―Whatever else Mark is, I do believe he had genuine feelings for those he had meaningful relationships with in the last seven years.‖ The friend added: ―I don‘t believe he could be with such beautiful, wonderful people and not feel love.‖

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The protesters will be sentenced next month.

Sunday Times 19th December 2010

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Undercover officer spied on green activists Rob Evans and Paul Lewis. Guardian 9 January 2011 Guardian investigation reveals details of PC Mark Kennedy's infiltration of dozens of protest groups. A police officer who for seven years lived deep undercover at the heart of the environmental protest movement, travelling to 22 countries gleaning information and playing a frontline role in some of the most high-profile confrontations, has quit the Met, telling his friends that what he did was wrong. PC Mark Kennedy, a Metropolitan police officer, infiltrated dozens of protest groups including anti-racist campaigners and anarchists, a Guardian investigation reveals. Legal documents suggest Kennedy's activities went beyond those of a passive spy, prompting activists to ask whether his role in organising and helping to fund protests meant he turned into an agent provocateur. Kennedy first adopted the fake identity Mark Stone in 2003, pretending to be a professional climber, in order to disrupt the UK's peaceful movement to combat climate change. Then aged 33, he grew long hair and sported earrings and tattoos, before going on to attend almost every major demonstration in the UK up to the G20 protests in London. He was issued with a fake passport and driving licence. Sensitive details about Kennedy's activities had been set to be raised in Nottingham crown court in legal argument relating to a case of six activists accused of conspiring to break into Ratcliffe-on-Soar coal-fired power station. But prosecutors unexpectedly abandoned the trial after they were asked to disclose classified details about the role the undercover officer played in organising and helping to fund the protest. Kennedy, who recently resigned from the Met, is understood to be torn over his betrayal, telling one activist that his infiltration had been "really wrong". "I'll just say I'm sorry, for everything," Kennedy said. "It really hurts." Apparently keen for redemption, Kennedy indicated he would "help" the defendants during their trial and was in touch with their lawyer. He backed out three weeks ago, citing his concern for the safety of his family and himself. The Met could face pressure to explain the ethics of deploying an officer so deep undercover. It has been repeatedly criticised for its handling of protests. A Metropolitan police spokesman said: "We are not prepared to discuss the matter." Kennedy is believed to have been one of at least two undercover operatives working for the National Public Order Intelligence Unit, an agency that monitors so-called domestic extremists. He told friends each undercover spy cost ÂŁ250,000 a year. The officer was found out in October after friends, some of whom had grown suspicious about a seemingly "perfect activist", discovered a passport bearing his real name. They eventually unearthed documentary proof that he had been a 43


policeman since around 1994, and, confronted with the evidence, Kennedy confessed. He is now living abroad. Police arrested 114 activists at a school near Nottingham in April 2009 in a controversial operation to prevent activists from breaking into the Ratcliffe-on-Soar power station the next day. Twenty-six activists were later charged with conspiracy to commit aggravated trespass. Of those, 20 admitted they planned to break into the power station to prevent the emission of around 150,000 tonnes of carbon. They were convicted after failing to convince a jury their actions were designed to prevent immediate greater harm from climate change. Handing down lenient sentences last week, a judge said they had been acting with "the highest possible motives". It is widely presumed that Kennedy tipped off police about the protest. But activists who spent four months working with Kennedy to hatch the plan now question whether he crossed a boundary and became an agent provocateur. The allegation was set to emerge during the trial of the six defendants who – unlike the other activists – maintained that they had not yet agreed to break into the power station. According to legal papers drawn up by their lawyers, Kennedy helped to organise the demonstration from an early stage, driving on reconnaissance trips of the power station and suggesting the "best and easiest way" to get into the plant. "He continued to participate, including hiring, paying for and driving a vehicle and volunteering to be one of two principal climbers who would attach himself to the [coal-carrying] conveyor belt. He actively encouraged participation in the action and expressed the view that he was pleased it was going to be an action of some significance," the papers say. The documents state that planning meetings for the protest took place at Kennedy's house and he paid the court fees of another activist arising from a separate demonstration. "It is assumed that the finance for the accommodation, the hire of vehicles and the paying of fines came from police funds," they state. Lawyers for the activists submitted their demand for material about Kennedy's role last Monday. The CPS confirmed it would not proceed with the trial, stating that "previously unavailable information" that undermined its case had come to light. It said there was no longer sufficient evidence for a realistic prospect of prosecution. "I have no doubt that our attempts to get disclosure about Kennedy's role has led to the collapse of the trial," said Mike Schwarz, a solicitor at the Bindmans law firm who represented the activists. "It is no coincidence that just 48 hours after we told the CPS our clients could not receive a fair trial unless they disclosed material about Kennedy, they halted the prosecution. Given that Kennedy was, until recently, willing to assist the defence, one has to ask if the police were facing up to the possibility their undercover agent had turned native." http://www.guardian.co.uk/uk/2011/jan/09/undercover-office-green-activists

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Guardian 10th January 2011

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Nottingham Post 11th January 2011

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Founder of police intelligence unit now runs surveillance company The Times 14 January 2011 The founder of a secret police unit that monitors political protest groups was revealed last night to be running a private security company providing intelligence to multinational companies. Rod Leeming was head of the National Public Order Intelligence Unit before founding Global Open, which gathers information on extremist groups. The company confirmed that it employed other former members of the elite intelligence unit after being linked to the undercover officer Mark Kennedy, whose unmasking is blamed for the collapse of a trial of six environmental protesters this week. A woman undercover officer who infiltrated environmental activists in Leeds for four years has since been identified and details of two other potential informants are being circulated among activists. Global Open was providing intelligence to the E.ON power company at the same time that Mr Kennedy had infiltrated a group of protesters planning a mass invasion of its coal-fired power station at Ratcliffeon-Soar, near Nottingham, in April 2009. Julia Hodson, Chief Constable of Nottinghamshire Police, has asked the Independent Police Complaints Commission to investigate events leading to the collapse of the Ratcliffe-on-Soar trial. She has also requested a separate review into the use of an undercover officer in the case. Mr Kennedy officially left the Metropolitan Police last March after seven years in his covert role but remained with the environmental activists for six months until admitting his real identity to them. He had already used the details of Global Open's then solicitor and director to set up one company before leaving the force and a second one after resigning. Heather Millgate, the solicitor, whose husband is a former Special Branch undercover officer, refused to discuss her links to Mr Kennedy. Mr Leeming, 65, also refused to discuss the company's links with Mr Kennedy but insisted "he was not giving us evidence while he was in the police". "He did not work for us and I doubt he was working for anybody," he said. "I am surprised that he has been exposed but there is a lot more to this than meets the eye. I expect he will explain everything that has happened." Mr Leeming said that Global Open investigators would covertly attend campaign activists' meetings if they were open to the public but that most of the company's work was analytical. The company says its services are aimed at companies that are "at serious level of threat from activism" and monitors the threats to directors and attacks on premises. Global Open lists more than 90 clients, including large power companies, banks and pharmaceutical businesses, and its services include intelligence gathering, tracking the movements of activist groups and "maintaining a discreet watch" on organisations considered a threat. E.ON admitted employing Global Open to keep track of green groups opposed to its power stations until 2009 to "gather information from public sources" but denied that Mr Kennedy worked for the group during that time. The company, which employs a former member of the Special Boat Service as its head of UK security, currently uses a different firm of private security consultants for the same purpose. Global Open has also been used by BAE Systems, Britain's biggest weapons company, to monitor Campaign Against Arms Trade. Martin Hogbin, a former national director of the campaign, was also later accused of providing information to the defence giant, which he denied. It emerged yesterday that the Home Secretary is unlikely to be informed of the details of undercover police work because they are deemed "operational" matters rather than policy. The previous Labour Government is understood to have been relaxed about being in the dark because it was seen as constitutionally improper to interfere in day-to-day activities. 'He was not giving us evidence while he was in the police'.

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Press Releases ……….. well, of a sort!!

From: Simon.Fisher2@met.police.uk [mailto:Simon.Fisher2@met.police.uk] On Behalf Of DPA-Mailbox-.Bureau-DPA@met.police.uk Sent: 11 January 2011 16:48 To: tash@indymedia.org Subject: RE: enquiry: Ratcliffe Power Station Trial. Nottingham Crown Court Hello Alan, Not sure if anyone got back to you but we are not commenting on this. Cheers, Simon Fisher Simon.Fisher2@met.police.uk MET Police Press Office ~~~~~~~~~~~~~~ From: Seddon Julie [mailto:Julie.Seddon@cps.gsi.gov.uk] Sent: 11 January 2011 16:10 To: tash@indymedia.org Subject: FW: enquiry: Ratcliffe Power Station Trial. Nottingham Crown Court Dear Mr Lodge Your email below has been forwarded to the press office for a response. We have issued the following explanation of why the trial against environmental protesters accused of breaking into Ratcliffe-on-Soar power station will not go ahead: Here is the CPS statement about this case: "Previously unavailable information that significantly undermined the prosecution's case came to light on Wednesday, 5 January 2011. In light of this information, the Crown Prosecution Service reviewed the case and decided there was no longer sufficient evidence for a realistic prospect of conviction. We offered no evidence at a hearing this morning, thereby discontinuing the case." The email for the press office is cps.pressoffice@cps.gsi.gov.uk Best wishes Press Office Crown Prosecution Service cps.pressoffice@cps.gsi.gov.uk ~~~~~~~~~~~~~~ 48


Nottinghamshire Police Press Release: Updated on 12th January 2011 Notts Police call for inquiries into collapse of trial As a result of an investigation mounted by Nottinghamshire Police, a total of 114 people were arrested on 13 April 2009 on suspicion of conspiring to disable a major power station and so disrupt a critical piece of the national energy infrastructure. As a result of this investigation, a total of 20 protestors were convicted at Nottingham Crown Court on December 14th 2010 for their part in the planned attack, which was successfully foiled by Nottinghamshire Police. A second trial of a further six people was due to start at Nottingham Crown Court. However, a decision was taken by the Crown Prosecution Service to discontinue the case when new significant information came to light that would undermine the prosecution‘s case. In the light of these events, Nottinghamshire Police's Chief Constable Julia Hodson has this evening invited the Independent Police Complaints Commission to conduct an investigation into the circumstances leading up to the collapse of the case. In addition, discussions are taking place with a number of bodies about commissioning a second review into the conduct of the undercover operation. Until both reviews have been conducted and concluded and their reports received, Nottinghamshire Police will not be making further public comment on the collapse of the trial and the reasons for this. Nottinghamshire Police http://www.nottinghamshire.police.uk/newsandevents/news/2011/january/10/notts_police_call_for_inquiries_into_collapse_of_trial/

~~~~~~~~~~~~~~ E.ON UK Press Releases 12 January 2011 13:45 E.ON statement re Mark Kennedy/Stone E.ON can confirm that the company has never employed Mr Kennedy, either directly or indirectly via a third party, in any role. Ends For more information contact: Jonathan Smith on 024 7618 3676 http://pressreleases.eon-uk.com/blogs//eonukpressreleases/archive/2011/01/12/1651.aspx

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~~~~~~~~~~~~~~ Association of Chief Police Officers: Statement The police service cannot operate effectively to prevent and detect crime unless it uses intelligence. The Police Service has an absolute commitment that the gathering and use of intelligence must be necessary, proportionate and lawful. Police officers are subject to the law and where they break the law in the course of their activities it will and must be investigated. Association of Chief Police Officers 1st Floor, 10 Victoria Street, London SW1H 0NN info@acpo.pnn.police.uk ~~~~~~~~~~~~~~

From: Smith, Jonathan [mailto:Jonathan.Smith@eon-uk.com] Sent: 14 January 2011 08:47 To: Alan Lodge Subject: RE: enquiry: Ratcliffe Power Station Trial. Nottingham Crown Court Alan It's a matter for the CPS as far as we're concerned so we won't be commenting. Regards Jonathan Smith E-on Press Office PR & Media Relations Manager jonathan.smith@eon-uk.com ~~~~~~~~~~~~~~

IPCC to independently investigate Nottinghamshire Police over disclosure of material in environmental protest case 14 January 2011 The Independent Police Complaints Commission (IPCC) has been assessing a referral from Nottinghamshire Police in relation to the collapse of a trial of six environmental protestors at Nottingham Crown Court on Monday (10.1.11). The IPCC has decided to undertake an independent investigation into the alleged failure by Nottinghamshire Police to disclose relevant material to the Crown Prosecution Service in this case. 51


Discussions are ongoing with other bodies as to any further involvement of the IPCC in other enquiries resulting from this case. IPCC Commissioner Amerdeep Somal said: ―We have now assessed the referral from Nottinghamshire Police of a specific issue around disclosure relating to this high-profile case. After assessment, I have decided we will look independently at whether Nottinghamshire Police met their obligations under relevant procedures to disclose evidence to the CPS in this case.‖ - ENDS Media contact: Mark Pearson, IPCC Interim Head of News Tel: 0207-166-3239 http://www.ipcc.gov.uk/news/Pages/pr_140111_nottsenvironmentalprotest-.aspx

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From: Mitchell Curry [mailto:mitchell.curry@ipcc.gsi.gov.uk] On Behalf Of !IPCC Press Office Sent: 14 January 2011 10:32 To: 'Alan Lodge' Subject: RE: enquiry: Ratcliffe Power Station Trial. Nottingham Crown Court Hello Alan We received a referral from Nottinghamshire Police on Tuesday relating to the collapse of the case. We are presently assessing it with a view to making a decision as to the extent of any IPCC investigation. We will announce our decision as soon as we are able. Hope this is of help Regards Mitchell Curry Press and Communications Business Services Independent Police Complaints Commission (IPCC) 90 High Holborn London WC1V 6BH 020 7166 3046 www.ipcc.gsi.gov.uk ~~~~~~~~~~~~~~ 52


Emails Received From: Geoff Meaden [mailto:geoff.meaden@googlemail.com] Sent: 10 January 2011 23:18 To: tash@indymedia.org Subject: Re: Ratcliffe Crown Court Trial. Nottingham

Alan, Thanks for this message and for your very kind words. I agree with all that you say. Well of course you will have had the day/week off thanks to our wonderful police force! I have just watched Newsnight and they did a seriously good exposee of many of the things that are going on in the world of the under-cover agents. I guess that the jury would have found the 20 conspirators innocent if they knew what we now know. For me it is dreadful when the police can spend countless amounts of time and effort chasing up climate protesters whilst you can bet that no time is spend on chasing up corporate tax dodgers. Hope to get some time to read your report shortly. Am doing another climate change in Manchester towards the end of February. Maybe all this publicity will influence this case, though I somehow don't get the idea that 'your average jury' are too concerned about justice or climate change. Cheers Dr Geoff Meaden

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From: Ian.Roberts@lshtm.ac.uk [mailto:Ian.Roberts@lshtm.ac.uk] Sent: 10 January 2011 09:09 To: tash@indymedia.org Subject: Re: Ratcliffe Crown Court Trial. Nottingham Dear Alan I share your disappointment and take it as evidence that we have to do a lot more to help the public understand the crisis that we face. Journalists such as yourself have a vital role - all strength to you. Best wishes Prof Ian Roberts London School of Hygiene and Tropical Medicine LSHTM

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From: LUCAS, Caroline [mailto:caroline.lucas.mp@parliament.uk] Sent: 10 January 2011 17:09 To: tash@indymedia.org Subject: RE: Ratcliffe Crown Court Trial. Nottingham Dear Alan, Many thanks for your email and comments. I will make sure Caroline sees the message and links when she is next in the office and I am sure she will appreciate you flagging these reports. I suspect you have had a quieter day then you were expecting today given the collapse of the second trial! Best wishes, Cath Miller for Caroline Lucas. Caroline Lucas, MP for Brighton Pavilion House of Commons London SW1A 0AA Tel: 020 7219 7025 Email: caroline.lucas.mp@parliament.uk

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As far as I know, this was the only injury sustained during this action and trial. This is my sore finger, the result of me trying to write at lightening speed, to keep up with the presented evidence. An artist suffering for his work

____________________________________________ ALAN LODGE Photographer - Media: One Eye on the Road. Nottingham. UK Email: tash@indymedia.org Web: http://digitaljournalist.eu Member of the National Union of Journalists [NUJ] ____________________________________________ "It is not enough to curse the darkness. It is also necessary to light a lamp!!" ___________________________________________ <ends> 55


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