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Judge rejects disclosure of document on role of police spy in wrongful conviction Judge rejects disclosure of document on role of police spy in wrongful conviction
(about 1 hour later)
A judge has refused to order the disclosure of an official document that would shed more light on how an undercover operation caused the wrongful conviction of an environmental campaigner.A judge has refused to order the disclosure of an official document that would shed more light on how an undercover operation caused the wrongful conviction of an environmental campaigner.
Activist John Jordan had his criminal conviction for assaulting a police officer overturned last year after the hidden role of an undercover policeman in his prosecution was exposed.Activist John Jordan had his criminal conviction for assaulting a police officer overturned last year after the hidden role of an undercover policeman in his prosecution was exposed.
At the original trial, the undercover officer, Jim Boyling, had masqueraded as a political activist throughout the prosecution and given evidence under oath using this fake identity.At the original trial, the undercover officer, Jim Boyling, had masqueraded as a political activist throughout the prosecution and given evidence under oath using this fake identity.
On Thursday, at Southwark crown court in London, Judge Alistair McCreath rejected an application from the Guardian, the BBC and the Press Association to see the document that sets out reasons why Jordan’s conviction had become unsafe. The judge added that he would give a detailed judgment at a later date.On Thursday, at Southwark crown court in London, Judge Alistair McCreath rejected an application from the Guardian, the BBC and the Press Association to see the document that sets out reasons why Jordan’s conviction had become unsafe. The judge added that he would give a detailed judgment at a later date.
In recent years, police and prosecutors have been subjected to mounting criticism following revelations that key evidence gathered by undercover officers had been frequently concealed from trials of political campaigners.In recent years, police and prosecutors have been subjected to mounting criticism following revelations that key evidence gathered by undercover officers had been frequently concealed from trials of political campaigners.
The withholding of evidence has so far resulted in 57 protesters having their convictions quashed or prosecutions against them dropped. An official inquiry has suggested that the criminal convictions of a further 83 campaigners could be overturned.The withholding of evidence has so far resulted in 57 protesters having their convictions quashed or prosecutions against them dropped. An official inquiry has suggested that the criminal convictions of a further 83 campaigners could be overturned.
The allegations of wrongdoing are to be examined at the public inquiry into the undercover infiltration of political groups since 1968. The inquiry will be led by Lord Justice Pitchford. These revelations are to be examined at the public inquiry into the undercover infiltration of political groups since 1968. The inquiry will be led by Lord Justice Pitchford.
These revelations are to be examined at the public inquiry into the undercover infiltration of political groups since 1968. The inquiry will be led by Lord Justice Pitchford.
The latest hearing centred on the activities of Boyling who adopted a fake persona and infiltrated environmental and animal rights groups between 1995 and 2000.The latest hearing centred on the activities of Boyling who adopted a fake persona and infiltrated environmental and animal rights groups between 1995 and 2000.
In 1996, he was among a group of environmental demonstrators arrested during a pro-cycling protest. In the following year, he was prosecuted for public offences, alongside Jordan and other campaigners, while pretending to be a seasoned activist.In 1996, he was among a group of environmental demonstrators arrested during a pro-cycling protest. In the following year, he was prosecuted for public offences, alongside Jordan and other campaigners, while pretending to be a seasoned activist.
Boyling maintained his fake identity from the moment he was arrested through to giving evidence in court, as he needed to conceal his clandestine work infiltrating the protesters. Boyling and others were acquitted, while Jordan was convicted and given a conditional discharge for a year.Boyling maintained his fake identity from the moment he was arrested through to giving evidence in court, as he needed to conceal his clandestine work infiltrating the protesters. Boyling and others were acquitted, while Jordan was convicted and given a conditional discharge for a year.
After Boyling was exposed in 2011 following investigations by activists and their lawyers, prosecutors conceded that Jordan’s conviction was unsafe, but refused to explain in any detail why.After Boyling was exposed in 2011 following investigations by activists and their lawyers, prosecutors conceded that Jordan’s conviction was unsafe, but refused to explain in any detail why.
On Thursday, Guy Vassall-Adams, for the three media organisations, told the court that prosecutors had reluctantly given only “scanty” reasons explaining the miscarriage of justice.On Thursday, Guy Vassall-Adams, for the three media organisations, told the court that prosecutors had reluctantly given only “scanty” reasons explaining the miscarriage of justice.
He argued that the publication of a confidential document prepared by the Criminal Cases Review Commission, the official agency that examines wrongful convictions, would give the public a better picture of what had happened. The commission had decided in 2013 that Jordan’s conviction needed be re-examined by a court.He argued that the publication of a confidential document prepared by the Criminal Cases Review Commission, the official agency that examines wrongful convictions, would give the public a better picture of what had happened. The commission had decided in 2013 that Jordan’s conviction needed be re-examined by a court.
Vassall-Adams added that there was an exceptional public interest in publishing the document as it was clear that “undercover policing has lost its way”.Vassall-Adams added that there was an exceptional public interest in publishing the document as it was clear that “undercover policing has lost its way”.
Jonathan Hall, QC for the Metropolitan police, argued that sufficient information had already been made public to allow the public to understand what had happened.Jonathan Hall, QC for the Metropolitan police, argued that sufficient information had already been made public to allow the public to understand what had happened.
Last year, prosecutors had conceded that had the Crown Prosecution Service known that Boyling was an undercover officer, there would have been a strong likelihood that Jordan would not have been prosecuted in 1997.Last year, prosecutors had conceded that had the Crown Prosecution Service known that Boyling was an undercover officer, there would have been a strong likelihood that Jordan would not have been prosecuted in 1997.