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| Failings over Mark Kennedy undercover officer case | Failings over Mark Kennedy undercover officer case |
| (about 1 hour later) | |
| By Dominic Casciani Home affairs correspondent | By Dominic Casciani Home affairs correspondent |
| A prosecutor is to face disciplinary action for alleged failings over undercover police officer Mark Kennedy. | 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. | 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. |
| Mr 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 he had infiltrated 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 had offered to give evidence for the defence, based on one of his secret recordings. | 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 one of his secret recordings. |
| Earlier this year, the Court of Appeal quashed the convictions of the first 20, saying the recordings could have helped their case. | 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 Mr Kennedy's activities and his secret recording were "never effectively distributed between all relevantly interested police officers or to the CPS", even though they undermined the prosecution and could amount to entrapment. | In his report into whether prosecutors had suppressed evidence, Sir Christopher Rose said Mr Kennedy's activities and his secret recording were "never effectively distributed between all relevantly interested police officers or to the CPS", even though they undermined the prosecution and could amount to entrapment. |
| The former judge's report said that if the Kennedy recording had been properly considered, it was unlikely that anyone would have been charged. | |
| But he said that the CPS reviewing lawyer, Ian Cunningham, had "relied too heavily" on what the police told him about Pc Kennedy and "failed to probe" material that he was entitled to ask for. | But he said that the CPS reviewing lawyer, Ian Cunningham, had "relied too heavily" on what the police told him about Pc Kennedy and "failed to probe" material that he was entitled to ask for. |
| "He needed this information [on Kennedy's activities] before a decision could properly be made about charging," said the report. | "He needed this information [on Kennedy's activities] before a decision could properly be made about charging," said the report. |
| "His statutory responsibility to keep disclosure under review meant that he should have continued asking such questions following service of the defence statements and up to the time the justifiers were convicted. He failed to ask such questions." | "His statutory responsibility to keep disclosure under review meant that he should have continued asking such questions following service of the defence statements and up to the time the justifiers were convicted. He failed to ask such questions." |
| Sir Christopher said: "All those involved in the case were well aware, or should have been if relevant guidance had been consulted, of what they needed to do." | Sir Christopher said: "All those involved in the case were well aware, or should have been if relevant guidance had been consulted, of what they needed to do." |
| The report said failures to disclose material happened over many months and at more than one level by the police and CPS. | The report said failures to disclose material happened over many months and at more than one level by the police and CPS. |
| 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". | 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 Mr Cunningham would face disciplinary proceedings. | Director of Public Prosecutions Keir Starmer said Mr 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. | "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." | "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. | 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. |
| The IPCC is still investigating Nottinghamshire Police's actions in the case. A separate report by the inspectorate of constabulary has been delayed until the New Year. | The IPCC is still investigating Nottinghamshire Police's actions in the case. A separate report by the inspectorate of constabulary has been delayed until the New Year. |