Fair trials in the UK courts? Anyone?

This article in today’s Guardian about the ongoing repercussions of the Mark Kennedy undercover cop scandal earlier this year piqued my interest.

Mark_KennedyIt appears that the Crown Prosecution Service (CPS) has suppressed key evidence about the all-too-apparent innocence of environmental protesters in the run-up to their trials.  In this case Mark Kennedy aka Stone, the policeman who for years infiltrated protest groups across Europe, had covertly recorded conversations during the planning sessions to break into Ratcliffe-on-Soar power station.

Kennedy offered to give evidence to prove that the unit he worked for at the time, the private and unaccountable ACPO-run National Public Order Investigations Unit (NPOIU), had witheld this key evidence.  It now appears that the police are claiming that they passed all the information on to the CPS, which then seems to have neglected  to hand it over to the protesters’ defence lawyers.

Keir_StarmerWhich makes it even more fascinating that in April this year the Director of Public Prosecutions, famous civil liberties QC Keir Starmer no less, took the unprecedented step of encouraging those same protesters to appeal against their convictions because of potential “police” cover-ups.

It’s just amazing, isn’t it, that when vital information can be kept safely under wraps these doughty crime-fighting agencies present a united front to the world?  But once someone shines a light into the slithery dark corners, they all scramble to avoid blame and leak against each other?

And yet this case is just the tip of a titanic legal iceberg, where for years the police and the CPS have been in cahoots to cover up many cases of, at best, miscommunication, and at worst outright lies about incompetence and potentially criminal activity.

Ian_TomlinsonA couple of months ago George Monbiot provided an excellent summary of recent “misstatements” (a wonderfully euphemistic neologism) by the police over the last few years, including such blatant cases as the death of Ian Tomlinson during the London G20 protests two years ago, the ongoing News of the World phone hacking case, and the counter-terrorism style execution, sorry, shooting of the entirely innocent Jean Charles de Menezes, to name but a few.

Monbiot also dwelt at length on the appalling case of Michael Doherty, a concerned father who discovered that his 13 year-old daughter was apparently being groomed by a paedophile over the internet.  He took his concerns to the police, who brushed the issue aside.  When Doherty tried to push for a more informed and proactive response, he was the one who was snatched from his house in an early morning raid and ended up in court, accused of abusive and angry phone calls to the station in a sworn statement by a member of the relevant police force, sorry, service.

And that would have been that – he would have apparently been bang to rights on the word of a police secretary – apart from the fact he had recorded all his phone calls to the police and kept meticulous notes on the progress of the case.  Only this evidence led to his rightful acquittal.

As Monbiot rightly concludes, “justice is impossible if we cannot trust police forces to tell the truth”.

It appears that the notion of “citizen journalists” is just sooo 2006.  Now we all need to be not only journalists but also “citizen lawyers”, just in case we have to defend ourselves against potential police lies.  Yet these are the very organisations that are paid from the public purse to protect civil society.  Is it any wonder that so many people have a growing distrust of them and concerns about an encroaching, Stasi-like, police state?

This is all part of engrained, top-down British culture of secrecy that allows the amorphous “security services” to think they can get away with anything and everything if they make a forceful enough public statement: black is white, torture is “enhanced interrogation”, and war is peace (or at least a “peacekeeping” mission in Libya….).  Especially if there is no meaningful oversight.  We have entered the Orwellian world of NewSpeak.

But plus ca change, plus c’est la meme chose.  This all happened in the 1970s and 80s with the Irish community, and also in the 1990s with the terrible miscarriage of justice around the Israeli embassy bombing in 1994.  If you have the time, please do read the detailed case here: Download Israeli_Embassy_Case

We need to remember our history.

The Israeli Embassy Two – a gross miscarriage of justice

Samar_Alami Jawad_Botmeh Over the last few years there have been a number of egregious cases of police and state cover-ups in the UK around the deaths and wrongful prosecutions of innocent people.

This brings to my mind the appalling miscarriage of justice that occurred in the 1990s when two Palestinian students, a young woman called Samar Alami and a young man called Jawad Botmeh, were both wrongfully convicted of conspiracy to bomb the Israeli embassy in London in July 1994. 

In this case a highly sophisticated car bomb as detonated outside the embassy.  Thankfully nobody was killed, but a number of people suffered minor injuries.   Alami and Botmeh had connections to Palestinian political support groups based in London at the time, many of whom were rounded up during the investigation.  Botmeh had naively helped out a shadowy and never-identified figure called Reda Moghrabi, who asked for assistance in buying a second-hand car at auction.  This was the car that was used in the explosion.

Why is this case an example of establishment cover-up?  Well,  this was one of the cases that former MI5 officer David Shayler blew the whistle on during the 1990s.  He revealed the existence of two relevant documents that should have been disclosed to the defence but, for some unaccountable reason, were not.

The first, an agent report from a credible and trusted source, pointed to a non-Palestinian group planning the attack before it had even occurred.  This report was not acted upon by the MI5 officer responsible, who then tried to cover up her mistake.  She was caught out, and there was a much-discussed internal inquiry into the matter within MI5’s G Branch (international terrorism) in late 1994.

But there was another document – one written by G9/1, the senior MI5 officer who oversaw the post-incident investigation.  His view was that Mossad, the external Israeli intelligence agency, had carried out a controlled explosion outside its own embassy (the shadowy and unidentified Reda Moghrabi being the potentially crucial missing link) in order to acquire the long-demanded additional security protection around Israeli interests in the UK, and also to shatter the Palestinian support networks in London – a long-term objective of Mossad.

The government at the time tried to dismiss these disclosures.  However, the much-missed Private Eye investigative   journalist, Paul Foot, and the indefatigable lawyer, Gareth Peirce, followed them up and pursued them tirelessly through the media and the courts

And guess what?  It turns out that these two key documents had indeed not been disclosed to the legal defence team during the trial of Alami and Botmeh – and not just by the hapless spooks.  It emerged during the appeal hearing that no fewer than seven people from a variety of police and intelligence organisations had failed to disclose the relevant documentation to the defence.  This cannot be explained away as an innocent oversight, a cock-up – it bears all the hallmarks of a deliberate, systemic establishment cover-up.

All this represented, at the very least, a need for a retrial but also a possible gross miscarriage of justice.  And yet, while acknowledging that these documents did indeed exist during the appeal hearing and beyond, the presiding m’luds decided to ignore all case law and European law and let those two innocents rot in prison.  After all, it would be terribly embarrassing to vindicate the actions of an intelligence whistleblower, wouldn’t it?

As a result, the poor pawns in this sick establishment game, Jawad Botmeh and Samar Alami, ended up serving their full sentences, despite the overwhelming body of evidence proving their innocence, and were finally released in 2008 and 2009 respectively.

For anyone interested in the detailed horror story behind this flagrant miscarriage of justice, here is the relevant chapter from my long-defunct book: Download The_Israeli_Embassy_Case