Mark Kennedy’s secret tapes: CPS launches wide-ranging inquiry

Judge to look into arrests of Ratcliffe-on-Soar environmental campaigners and undercover policeman’s surveillance tapes A leading former judge has been appointed to lead an expanded inquiry into claims that prosecutors suppressed secret surveillance tapes recorded by undercover police officer Mark Kennedy. Sir Christopher Rose, a retired court of appeal judge noted for his fierce independence, will head the inquiry which was set up by the director of public prosecutions, Keir Starmer QC. Rose has been in charge of scrutinising the surveillance activities of the police and other official bodies for the past five years. He will examine allegations that the Crown Prosecution Service (CPS), the agency headed by Starmer, misled the courts when it decided to abandon the prosecution of six activists accused of conspiring to invade one of Britain’s biggest power stations. The CPS told a court in January that it was dropping the prosecution because “previously unavailable information” which undermined their case had come to light. However, documents obtained by the Guardian indicated the information that was supposed to be new – the tapes recorded by Kennedy – had been in the hands of the CPS for more than a year. Starmer announced on Wednesday the remit of the inquiry and the appointment of Rose, who was the vice-president of the criminal division of the court of appeal until April 2006. Starmer said “in light of growing concerns about the non-disclosure of material relating to the activities” of Kennedy the inquiry would not only delve into the issue of the suppressed evidence but also investigate why only 26 of the 114 activists who were initially arrested over the alleged plot to break into the Ratcliffe-on-Soar power station in Nottinghamshire were charged. The others were released, raising suspicions that those who were charged were picked out unfairly or for political reasons. The expansion of the inquiry comes after Kennedy hinted in a radio interview that he could have potentially explosive information about the decision to charge some activists and not others. Starmer said the independent inquiry would examine: • “Whether the CPS approach to charging in this case was right, bearing in mind the known existence of an undercover police officer in the operation; • “Whether the CPS and prosecution counsel complied with their disclosure duties properly in relation to the known existence of an undercover police officer in this case; • “Whether the CPS arrangements in place for handling the known existence of an undercover police officer, including arrangements between the police and the CPS, the CPS and counsel and the local prosecuting team and the national co-ordinator, were adequate and properly followed in this case; • “Whether the CPS followed all relevant guidance and policy in relation to the known existence of an undercover police officer in this case.” Starmer said : “Sir Christopher will have full access to all the available evidence and will examine the issues with the utmost thoroughness. Inevitably this will take time but will be completed as soon as is practicable.” Starmer said he intended to publish the findings and recommendations made by Rose. Mark Kennedy Activism Protest UK criminal justice Rob Evans Paul Lewis guardian.co.uk

Posted by on July 13, 2011. Filed under News, Politics, World News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.