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.

Just how many unaccountable spy organisations are out there in the UK?

Black_sheep?Unsuc­cess­fully res­ist­ing the tempta­tion to say that the obvi­ous ones (MI5, MI6 and GCHQ) are still pretty unac­count­able, I was intrigued by a few recent art­icles in The Guard­i­an

George Mon­bi­ot, someone I have enorm­ous respect for but don’t always see eye-to-swiv­el­ling-eye with, wrote an excel­lent piece about the after­shocks of the Mark Kennedy/undercover cop scan­dal earli­er this year. 

Mon­bi­ot calls for the abol­i­tion of that demo­crat­ic­ally unac­count­able seni­or plod organ­isa­tion and PLC, the Asso­ci­ation of Chief Police Officers (ACPO).  This was the organ­isa­tion under whose aegis the under­cov­er cops spied on hap­less envir­on­ment protest­ors — the very people who are now being encour­aged to appeal against their con­vic­tions by Dir­ect­or of Pub­lic Pro­sec­u­tions, no less.

Mon­bi­ot quotes a couple of acronyms cov­er­ing this shady world of police spy­ing: NPOIU and NECTU.   But in anoth­er Guard­i­an art­icle today — about the police tak­ing pre-empt­ive steps against so-called anarch­ists in the run-up to the roy­al wed­ding — I saw this:

The Met is also get­ting intel­li­gence from the Fix­ated Threat Assess­ment Centre, a police unit set up in 2006 togeth­er with men­tal health agen­cies to identi­fy indi­vidu­als who are obsessed with mem­bers of the roy­al fam­ily, politi­cians or celebrit­ies.”

Que?  When was this unit set up, and who runs it?  What about data pro­tec­tion and pri­vacy of med­ic­al records?  Or are these notions already just quaint ana­chron­isms, and a de facto Big Broth­er data­base is already in place?

Per­haps it is time for ACPO to make a clean breast of all the little group­ings it has set up over the last dec­ade.….