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What about the Ratcliffe 20?

FlashWatch | 12.01.2011 17:50

OK so 6 got off - what about the 20 that got convicted the week before?

Why is there no discussion of the 20 protesters convicted last week? When is the appeal?
How much compensation can 20 get for the actions of Flash?

FlashWatch

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What would they sue for?

12.01.2011 18:18

the 20 did not dispute the evidence that they planned to disrupt Radcliff they argued that they were morally compelled to act. Therefore whether or not a cop was there is irrelevant to their convictions. They did not dispute the facts!

In contrast The 6 had argued (from before Marks outing) that even if there was a conspiracy the CPS had to prove they as indivduals had something to do with it.
So when Mark was outed they were in a position to draw attention to his role in coordination of the act, something the CPS couldn't stomach so they droped the case.

In my opinion the case would have been dropped without 3 of the six spouting off to the media, but hey ho they got another 15 minutes of fame.....

@rchie


Media irrelevant

13.01.2011 11:05

You last sentence is dead right, @rchie. Defendants talking, rather prattishly, to the media had no part in the case being dropped at all. It was about a lot more than "drawing attention" to Flash Mark's role..

There was an application for disclosure of shedloads of information on the subject which the prosecution had refused to disclose at the pre-trial stage, forcing the defence to apply to the court for it. It's hard to see the court being able to refuse such an application once the fact that Mark was a copper became known. So the prosecution very expensively bottled it and declined to present any evidence. It was not about media attention and it was not about Mark's offer to help the defence, which had been withdrawn before the application for disclosure was made to the court anyway.

It was a legal issue about revealing undercover state activities, which they're never prepared to thole, and it would have happened anyway. .Their only alternative would be have been to go for the full "security of the state", hearings in camera, secret evidence trip. What? On a charge of conspiracy to commit aggravated trespass? Maximum sentence for substantive offence = 3 months I think, and most of those who'd admitted the facts got conditional discharges. They're not quite that bonkers yet.

Stroppyoldgit


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The View From The Grassy Knoll

13.01.2011 13:59

In recent days the media have been fixated with the tale of Mark ‘Flash’ Stone (real name Mark Kennedy), the undercover cop who for seven years infiltrated the environmental movement, and who supposedly ended up supporting the movement he was helping to destroy. This Hollywoodesque portrait of Kennedy as some downmarket Donnie Brascoe has appealed to lazy hacks out for a juicy story and denied contact with everyone involved except for a few low-rent media whores and outright traitors. Yet the truth is very different.

The early part of the unmasking of ‘Mark Stone’ will be familiar to activists, or at least the bare bones of it will. He was infiltrated into the movement in 2003, moving to Nottingham, going to the Sumac Centre a few times, and then turning up at that year’s Earth First! Summer Gathering where he began to become known. Over the next seven years he became a main player in the UK environmental movement, going on numerous actions, attending conferences and gatherings, and generally making himself useful, primarily as a driver. He also infiltrated or attempted to infiltrate other movements, both here and abroad.

The sleeping policeman’s downfall came sometime last year when his long-term girlfriend within the movement found a passport in the name of Mark Kennedy, ‘Stone’s real name. The passport also contained the details of a child. Kennedy span an elaborate tale to account for the find, which his girlfriend appeared to accept. Eventually though she spoke to friends about it, and after an investigation traced a birth certificate for the child which gave his father’s occupation as “police officer” (as his paternal grandfather had been) a rather disparate bunch of friends, six in all, confronted their erstwhile comrade. The undercover cop had obviously been trained in how to act if his cover was blown, and after his excuses fell on deaf ears, he burst into tears, seeking the sympathy of those he had so thoroughly betrayed.

The group questioned Kennedy; primarily about themselves it seems, but also about another suspected undercover cop, formerly based in Leeds. Controversially, Kennedy confirmed that she was part of the same unit. How long the questioning went on we do not know because the fruits of it, if there are any, have not been shared with the movement. Kennedy was allowed to go on his way unharmed.

In fact, far from being harmed or intimidated, immediately following the encounter, Kennedy was still so clear-headed, that he telephoned another long-term partner, who the Group of Six had failed to warn, confessed his occupation, and drove some distance with the aim of seeing her. She is merely one of many women within the movement who Kennedy exploited and betrayed during his seven years undercover.

Within days of Kennedy’s ‘outing’, a short piece appeared on Indymedia making his true identity public. There was also a photo of him wearing a large hat which covered his forehead, hair, and ears. This was later supplemented by a second photo, though this seems to have been regarded by many Indymedia posters as little better than the first. Among the incredulity, shock, and disbelief in the 174 comments (plus many more that were ‘hidden’, or censored, by Indymedia moderators) which followed the post were numerous requests for more information and better photos, requests that were for the most part met by irritation by the cognoscenti and their allies.

While many of the close friends and comrades of Stone/Kennedy, outside of the Group of Six, were in fact offered very little forewarning, support, or protection, there was much talk, both on the net and at a well-attended Anarchist Bookfair meeting, about protecting “those closest to him” and about the need for “security” (a bit like closing the barn door after the pig has already bolted). It appears to have been understood by many however, that further information about Kennedy would be made publically available, not least to ensure that his career as an undercover cop really was well and truly over. If assurances were made, as has been claimed, those assurances were broken, no more information has been provided to the movement by the Group of Six, and information posted to Indymedia by others has been subject to censorship at their direction.

Kennedy had lived at several addresses in Nottingham (and obviously elsewhere as a cop), but at the time of his fall from grace he was living on a canal barge he had bought at the beginning of 2010. The boat, called Tamarisk (of which there are several registered narrow boats), was moored close to Nottingham, and in lieu of Kennedy himself, was an obvious target for those he had betrayed. Members of the Group of Six, or others very close to them, apparently assured other activists that the boat would be dealt with. Instead however, it was allowed to simply sail away, much like Kennedy himself. The name of the boat was only exposed as frustrated activists became more and more angry at the lack of any further information about Kennedy and one of them posted it to a heated Indymedia thread, in which the Group of Six were accused of ‘protecting’ Kennedy. That post was ‘hidden’ following a request on the Indymedia moderation list (received on 10th January 2011) from “some of the people directly involved” for any reference to Kennedy’s canal boat, even its very existence, to be expunged from Indymedia. Now why would they want to stop people finding out about Kennedy’s boat?

The only thing surprising about the recent explosion of coverage of the Stone/Kennedy affair is that it took so long to happen. The story first appeared in The Sunday Times on the 19th of December 2010, with a particularly nauseating political slant, and an even more nauseating photo of the (thankfully disbanded) Clown Army. The piece appeared to be largely culled from Indymedia, and was reasonably sympathetic to both Kennedy and to the wet-end of the environmental movement who had clearly planted the story. As with the avalanche of coverage which would come a few weeks later, one of the common themes was the utter worthlessness of the UK environmental movement in terms of infiltration, a slant on the story that appears to have come from the environmentalists themselves and that they would later shamelessly parrot endlessly for the bourgeois media. The cops it seems should have been focussing their resources on less ‘fluffy’ activists than these “hippies and tree-huggers”.

It was the second Ratcliffe-On-Soar trial, which led to the real media frenzy. The story was that a group of protestors had planned to invade and occupy a power station at Ratcliffe, and Kennedy had been a key-player, and arguably an agent provocateur, in the operation. Naturally the cops were tipped off, and swooped arresting 114 activists, and Kennedy, while they were discussing the action at a meeting in Nottingham. Charges were eventually dropped against most of those arrested, including Kennedy of course, with 26 going on to face trial. Despite their knowledge of Kennedy’s involvement, the first group of 20 chose to fight the case on the basis of climate change and an appeal to the liberal sensibilities of the jury, a principled stand which resulted in them all being convicted. Through their lawyer, the remaining six challenged the prosecution’s lack of disclosure regarding Kennedy, and were discharged before their trial could even begin.

Despite the media lie that would dominate coverage for days to come, the trial was NOT halted because Kennedy had offered to give evidence for the defence.
What had actually happened was that one of the 6 defendants, Dr Simon Lewis, an inveterate careerist and wealthy academic, but someone with a background in Reclaim The Streets, Earth First!, Dissent, and the Climate Camp (as well as a friend of Special Branch tout and Clown Army founder John Jordan), was so frightened of having his lucrative career damaged by an actual conviction that he contacted the cop, Kennedy, and appealed for his help, insisting that he never intended to go on any action in the first place (which to anyone who knows Lewis is entirely believable). In taped phone conversations which were later acquired by the BBC, Kennedy whines self-pityingly about how much he hates himself, before mumbling about possibly helping. This is as far as any help went. Kennedy’s assistance was of course not required anyway, it was his activities and the fact that they had not been disclosed that was important, not any assistance he might give to a grovelling sell-out like Lewis, someone who is happy to talk to cops to save his own skin.

The false story that the media seized on was that Kennedy had “gone native” and that the trial had collapsed because of his offer of help. It was a lie they were able to run with because of the assistance of traitors who have collaborated with the press, often they have been people who barely knew Kennedy personally. Either way, they have queued up to do the media’s bidding, with Simon Lewis’s posh girlfriend Sophie Stevens, an ‘activist’ with all the pedigree of a Hush Puppy, even appearing on Newsnight. While the media frenzy has been useful in terms of Steven’s CV, and the egos (and perhaps pockets) of the other media whores, the truth about Kennedy “going native” is that it has since transpired he is now working for a private security company.

Yet, despite its nauseating slants and untruths, many activists will have learned more from reading between the lines of the bourgeois media than they ever have from the supposed comrades who conducted the investigation into Kennedy and who have been steadfast in their refusal to disclose further photographs of him or any further information, including his whereabouts. While they may not have anything more to say to the movement, at least one of their number certainly had plenty to say to The Guardian.

Despite being an undercover cop, Kennedy’s vanity meant that he was always posing for photographs, there must be hundreds in existence, yet the Group of Six and their associates have repeatedly claimed they had none. Again, it’s funny how they were available to The Guardian.

Having been allowed to escape, Kennedy now supposedly lives abroad at a location known to the Group of Six, but which they have adamantly refused to disclose on the basis that Kennedy has a wife and teenage son who must be protected. This position is not only a dereliction of duty and an abuse of both power and of trust, but it is a vicious smear against the movement who they are implying are no better than TV gangsters. Such reactionary prejudice has at its basis the innate middle-class fear of ‘the other’, of the uncontrollable ‘mob’ who (in this case) cannot be trusted to deal responsibly and intelligently with information their betters hold safely in keeping. In this they have sided with a cop and with the state.

In the UK Mark Kennedy may have primarily engaged in political activity with ineffectual liberals, and indeed spent most of his time partying in the sleazy semi-retired eco-activist scene inhabited by those now protecting him, but he travelled widely, visiting 22 countries according to The Guardian, and in most of those countries he comported himself differently and mixed with a more militant class of activist. Some of those comrades certainly have more to lose than a few months on a probation order, yet they have been hung out to dry by a tiny clique of party-heads and one-time eco warriors in Nottingham. At the very least they deserve to know that Mark Kennedy is not living on the next street to them.

German activists recently uncovered their own undercover cop, it took them seven months rather than seven years, and the subsequent international press release contained as much information as they were able to gather, as well as excellent photographs. Kennedy spent long periods infiltrating German activist groups, and they are both shocked and astonished by the way things have been handled here. With questions being asked in the German parliament, they may eventually get more answers from the authorities than from their UK comrades.

Despite heavy censorship on Indymedia frustration among some activists is beginning to turn to anger, and the Group of Six have been accused of an unspoken agreement with Kennedy – That he would protect them as best he could, and that in return they would let him walk away, leave his boat alone, not post their archive of photographs and personal information to the net, and not disclose his whereabouts or those of his family. With every day such a theory becomes more compelling.

There is no doubt that Kennedy’s former close friends must be extremely distressed and traumatised by the events of the past six months, but those in the Group of Six have to realise that Kennedy’s activities have implications way beyond themselves, and that they need to behave with a sense of responsibility to the wider movement. Divesting themselves may also help take them towards closure in the affair, instead of prolonging it (by intervening on Indymedia for example). They did a good job in tracing Kennedy’s real identity, but it might then have been better to hand the matter over to other activists who were less emotionally involved. That they did not, and let Kennedy walk away, is unfortunately symptomatic of the middle-class ‘activist’, they never imagine that anyone might be better qualified than themselves. As for Kennedy, he should certainly not have got off so lightly.

Another preoccupation both of the press and of some activists has been how bad poor old Mark Kennedy (the cop who lied to those around him for seven years and betrayed his closest friends and comrades) must be feeling now. We neither care nor are interested. Kennedy supposedly spent his working days hanging from a rope, and we can only hope that one day justice finds him at the end of one.

The Boys from the Grassy Knoll


Can't see it happening

14.01.2011 11:56

I'm not one of them, but I know they approached the case as proud owners of their actions. I would imagine they don't feel like going back before the courts now (after 2 years of heavy legal shenanigans) and pretending they wouldn't have done any of this without flash. Yes technically he was an agent provocateur but there's a disturbing trend in the coverage of this story where activists are more and more insinuating that they never commit crimes unless an undercover cop incites them to do it. The ratcliffe 20 proudly stood up in the media spotlight and told the world they did it. To line up in flash's shadow now is, I imagine, the furthest thing from their minds.

dreg


hmm having said that ...

14.01.2011 12:47

 http://www.guardian.co.uk/environment/2011/jan/13/activists-kennedy-stone-police-undercover

They are apparently appealing on the basis that had kennedy's involvement been included in evidence provided by the CPS, the defence could have easily disproved the prosecution's main claim, that the action was not intended to stop emissions but instead as a publicity stunt. I've tried to cut the article down to the relevant points (below) but check the link for the full thing.

===============

Twenty environmental activists are seeking to overturn recent criminal convictions in the wake of the Guardian's revelations about a network of undercover police officers embedded deep in the movement.

Lawyers for the group claim that a failure to disclose the role of covert police operative Mark Kennedy during their trial may have led to a miscarriage of justice and have written to the Crown Prosecution Service demanding details of his role.

Six other activists walked free from court earlier this week after their lawyer, Mike Schwarz, demanded details of the part played by Kennedy in planning the environmental protest they took part in at Ratcliffe-on-Soar power station, near Nottingham, in 2009.

However, last month, in a separate trial, the 20 green campaigners were convicted of conspiracy to commit aggravated trespass during the same protest, after failing to convince a jury that their actions were designed to prevent immediate harm to human life and property from climate change.

"The police allowed this trial, unlike the later one, to run all the way to conviction," said Schwarz, whose firm, Bindmans, represents both groups of protesters. "In the light of events last week, this must be seen as a potential miscarriage of justice."

The defence used by the 20 convicted activists – known as "necessity" – is similar to one that has been used successfully in the past by environmental protesters. In 2008, six Greenpeace activists were acquitted of causing criminal damage after scaling a chimney at Kingsnorth power station after convincing jurors that they sought to protect property around the world threatened by climate change.

But the defence relies on convincing a jury that defendants genuinely believed they were acting through "necessity" to prevent death and serious injury caused by carbon dioxide emissions and climate change. During last month's trial of the six Ratcliffe-on-Soar defendants, the prosecution argued that they were not really intending to stop carbon emissions, but instead engaged in a publicity stunt.

But the activists' lawyers now believe that Kennedy, who they say was central to the protest from the moment the idea was hatched, would have been in a prime position to reject that claim.

Kennedy has been described by activists involved in the Ratcliffe action as having been "in the thick of it". His name appeared on receipts for the hire of a 7.5-tonne truck to transport equipment for the protest. He used his fake passport and driving license for the transaction, which cost a £778.

In a letter to the CPS seen by the Guardian, the lawyers have asked for disclosure of material relating to Kennedy "any other undercover officers or informers" that could have undermined the prosecution's case.

"The crown's case to the jury was that the defendants were lying when they told the jury in evidence that the action was about preventing carbon dioxide emissions," the letter said.

"The defendants believe that the undercover officer Mark Stone/PC Kennedy – and any other officer involved in the planning and implementation of the proposed action – would have been in a position to rebut these assertions. Mark Stone/PC Kennedy was well connected to the organisation of the action and was involved in planning discussions from an early stage."

The letter added: "He was a vehicle driver and present at the school before the arrival of the majority of campaigners. He had a central role in the black conveyor belt team. He had many discussions with individuals about the proposed action. He observed what many of the defendants did, discussed and sought to achieve."

It goes on to request disclosure of "any material, statements, briefing notes, contact logs or similar documents generated" generated by Kennedy or other spies.

Police have claimed that the plan to break into the power station would have endangered lives and was a serious criminal act. However, handing down sentences to 18 activists ranging from 18 months' conditional discharge to 90 hours' unpaid work, Judge Jonathan Teare gave a different view. He described them as individuals with "the highest possible motives".

dreg


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