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Failings over Mark Kennedy undercover officer case Failings over Mark Kennedy undercover officer case
(40 minutes later)
An independent inquiry has criticised "individual failings" by prosecutors over the case of undercover police officer Mark Kennedy. By Dominic Casciani Home affairs correspondent
But the report cleared the Crown Prosecution Service of deliberately withholding information. A prosecutor is to face disciplinary action for alleged failings over undercover police officer Mark Kennedy.
But a report has cleared the Crown Prosecution Service of deliberately withholding information from climate activists who were on trial.
Earlier this year, 20 people were cleared on appeal of trying to shut down the massive Ratcliffe-on-Soar power station in Nottinghamshire.Earlier this year, 20 people were cleared on appeal of trying to shut down the massive Ratcliffe-on-Soar power station in Nottinghamshire.
A linked case collapsed when Mr Kennedy's existence emerged.A linked case collapsed when Mr Kennedy's existence emerged.
Mark Kennedy was an undercover police officer who had spent seven years underground, infiltrating green groups. Mr Kennedy was an undercover police officer who had spent seven years underground, infiltrating green groups.
In December 2010, a large group of protesters were convicted over an alleged plot to stop the coal-fired power station near Nottingham. In December 2010, a large group of protesters he had infiltrated were convicted over an alleged plot to stop the coal-fired power station near Nottingham.
But a second trial of six more protesters collapsed after it emerged that the then Pc Kennedy, who had been part of the protest group, had offered to give evidence for the defence. But a second trial of six more protesters collapsed after it emerged that the then Pc Kennedy had offered to give evidence for the defence, based on his secret recordings.
Earlier this year, the Court of Appeal quashed the convictions of the first 20, saying they had not known about evidence that could have helped their defence and they had been victims of a miscarriage of justice. Earlier this year, the Court of Appeal quashed the convictions of the first 20, saying the recordings could have helped their case.
In his report into whether prosecutors had suppressed evidence, Sir Christopher Rose said that Mr Kennedy's authorisations and the transcripts of his secret recordings of protesters were "never effectively distributed between all relevantly interested police officers or to the CPS". The Court of Appeals said these recordings undermined the prosecution's case. In his report into whether prosecutors had suppressed evidence, Sir Christopher Rose said Mr Kennedy's activities and his secret recordings were "never effectively distributed between all relevantly interested police officers or to the CPS".
Police had arrested more than 100 protesters before a planned demonstration at the power station. But the former judge's report said that had the Kennedy recordings been properly considered, it was unlikely that anyone would have been charged. The former judge's report said that if the Kennedy recordings been properly considered, it was unlikely that anyone would have been charged.
Sir Christopher said there could, and should, have been a meeting between the police and the CPS before anyone was charged in which the undercover officer's secret recordings could have been considered. Sir Christopher said that CPS lawyers could and should have clarified Kennedy's position and evidence before the trials went ahead.
He said there was no proper disclosure to the defence and no attempt to follow standard legal practice to withhold secret material, known as public interest immunity. But he said there was no proper disclosure to the defence - and no attempt to follow a procedure available to prosecutors to lawfully withhold sensitive information from the public, known as public interest immunity.
He said: "All involved were well aware, or should have been if relevant guidance had been consulted, of what they needed to do." Sir Christopher said: "All involved were well aware, or should have been if relevant guidance had been consulted, of what they needed to do."
But he added: "Nothing I have seen or heard suggests that, at any stage of this prosecution, there was deliberate, still less dishonest, withholding of information which the holder believed was disclosable". But he added: "Nothing I have seen or heard suggests that, at any stage of this prosecution, there was deliberate - still less dishonest - withholding of information which the holder believed was disclosable".
Ben Stewart, one of the 20 protesters whose convictions was quashed, has already denounced the report as "the whitest of whitewashes".
Director of Public Prosecutions Keir Starmer said the reviewing lawyer in the case, Ian Cunningham, would face disciplinary proceedings.
"What happened in this case cannot be allowed to happen again," said Mr Starmer. "It has to be seen as a watershed in the way cases involving undercover officers are dealt with.
"I take very seriously the findings of individual failings on the part of the CPS, including failures properly to comply with disclosure obligations, failure to ask questions of the police and failure to oversee the case effectively."
Mr Starmer said he had written to the Association of Chief Police Officers saying that in future cases police must disclose everything about undercover officers as soon as prosecutions are being considered.