David Barr KC delivers comprehensive opening statement for Tranche 3 covering SDS operations 1993-2008. Details systematic infiltration of justice campaigns, particularly targeting Lawrence family campaign, and extensive evidence of racist deception and sexual misconduct by undercover officers HN16, HN43 (Peter Francis), HN81, HN15, and HN26.
00:23:17 Good morning everybody. Uh this is the beginning of the inquiries investigation into tranch 3. That's to say the investigation of the
00:23:30 That's to say the investigation of the uh special demonstration squad, special duty squad as it became uh from the early 90s until the closure of the unit in 2008.
00:23:42 The dr will continue until the end of July next year. Uh and the evidence we will hear will be heard in three phases. Uh
00:23:56 hear will be heard in three phases. Uh we begin today with opening statements. Uh they will continue on Tuesday and Wednesday and then on Friday the uh live evidence will begin. I will ask Mr. Bar to uh begin the
00:24:09 I will ask Mr. Bar to uh begin the openings. Thank you sir. Today marks the start of our trunch three open hearings. We will be examining the final years of
00:24:25 We will be examining the final years of the special demonstration squad or SDS. Specifically, tranch 3 covers the last 25 SDS undercover police officers or UCOs and their management within the SDS.
00:24:39 SDS. The earliest open Tranch 3 UCO deployed in 1993
00:24:46 in 1993 and the last were at an early stage of their postings. When the SDS ceased operations in 2007,
00:24:58 operations in 2007, the unit was disbanded in early 2008. The hearings will be subdivided into three phases. Phase one on which I shall concentrate today and return to in more detail
00:25:10 today and return to in more detail later, will focus on six tranched three era UCOs.
00:25:18 era UCOs. The remaining 19 will be covered in phase two commencing on the 2nd of February next year. SDS managers whose postings to the SDS ended in 1993
00:25:34 ended in 1993 or later will be the subject of phase three commencing on the 15th of June 2026.
00:25:44 2026. Phase three will be followed immediately by evidence about the senior chain of command, oversight, and government awareness of the SDS. Closed hearings will be held in the
00:25:57 Closed hearings will be held in the autumn, followed by written and oral closing statements early in 2027. The tranch 3 era was a period of considerable change. At the geopolitical level, the Cold War had just ended.
00:26:09 level, the Cold War had just ended. Closely related to the demise of the USSR,
00:26:11 USSR, the Security Services interest in subversion progressively diminished between the late 1980s and 1996.
00:26:24 between the late 1980s and 1996. It decided to cease identifying rank and file members of groups which it considered subversive from October 1992. By 1996, it was seeking assistance in
00:26:42 By 1996, it was seeking assistance in relation to subversion from the SDS only to monitor whether any group was resurgent. A seismic change occurred on the 9th of September 2001
00:27:00 September 2001 or 911 when al-Qaeda terrorists attacked the United States, occasioning very serious loss of life, including 67 British citizens.
00:27:11 British citizens. Thereafter, the risk of terrorism in the United Kingdom increased dramatically. A risk which later eventuated in the appalling 77 attacks in 2005 which claimed the lives of 52 innocent
00:27:22 which claimed the lives of 52 innocent people as well as those of the suicide bombers.
00:27:27 bombers. Further tragedy followed days later on the 22nd of July 2005 when in a case of mistaken identity,
00:27:38 when in a case of mistaken identity, police shot dead Jean Charles Deanzes at Stockwell Underground Station, wrongly believing an innocent man to be another
00:27:53 believing an innocent man to be another suicide bomber. We will be exploring how and why the SDS came to report on the Justice for Jean campaign. Geopolitical events abroad also affected
00:28:05 Geopolitical events abroad also affected protest at home. On the 15th of February 2003,
00:28:07 2003, the then imminent Second Gulf War provoked what is generally accepted to have been the largest political
00:28:23 have been the largest political demonstration in Britain of all time. We will be examining whether reporting on the stop the war coalition was justified. The campaign against the second Gulf War was by no means the only anti-war protest in the tranched three era. HN3
00:28:40 protest in the tranched three era. HN3 who use the cover name Jason Bishop was targeted against disarm DII
00:28:55 targeted against disarm DII and we will be exploring whether his and other SDS reporting on anti-war or anti-arms trade campaigners was justified. The 2006 Lebanon war brought the long-unning problems in the Levant
00:29:07 long-unning problems in the Levant sharply back into focus and contributed to increased activism in London in support of the Palestinian cause. We will be hearing evidence in phase two from HN18
00:29:19 from HN18 Rob Hastings and those affected by his deployment which included targeting the Palestinian-led international solidarity movement.
00:29:31 movement. Other global issues emerged in the T3 era which shaped domestic protest. In particular, the growing awareness of man-made climate change in Britain.
00:29:46 man-made climate change in Britain. Camps for climate action became a mode of protesting this issue. We will be hearing more about the infiltration of these camps in Tranch 4, especially when we reach Mark Kennedy's deployment.
00:29:58 we reach Mark Kennedy's deployment. But for present purposes, the DRAs and Heathrow climate camps are relevant to our investigation of the SDS. HN66,
00:30:18 our investigation of the SDS. HN66, who use a cover name Edward David Jones, was targeted against the 2006 camp for climate action held close to the DRA power station. Both HN118, who use a cover name, Simon Wellings, and HN18 Rob Hastings, who use a cover name Rob Harrison, appear to
00:30:35 a cover name Rob Harrison, appear to have attended the 2007 Heathrow Climate Camp.
00:30:37 Camp. Environmental protest was by no means limited to climate change. For example,
00:30:49 limited to climate change. For example, the triing of genetically modified crops sparked nonviolent direct action or NVDA,
00:30:53 NVDA, typically by the destruction of the crops themselves. There was also a sharp increase in protests against road building and the proliferation of motor vehicles generally. groups such as Earth First
00:31:08 generally. groups such as Earth First and Reclaim the Streets was specifically targeted by the SDS and extensively
00:31:21 targeted by the SDS and extensively reported on. We will be scrutinizing the justification for doing so and for reporting on other environmental activists. Animal rights activism continued throughout the Trunch 3 era and remained a target for the SDS. A wide range of
00:31:32 a target for the SDS. A wide range of animal rights activism was infiltrated covering hunt sabotage, demonstrations, counter demonstrations, animal liberations, so-called home visits,
00:31:48 liberations, so-called home visits, campaigns against specific businesses, and other forms of direct action. A landmark event was the Hunting Act 2004 which subject to certain exemptions
00:32:04 which subject to certain exemptions rendered unlawful hunting wild mammals with dogs. It came into force on the 18th of February 2005.
00:32:12 Turning to Irish related issues, two particularly significant events occurred in the Tranch 3 era. First, from the 1st of October 1992, there was a transfer of lead
00:32:26 there was a transfer of lead responsibility for Irish Republican terrorism on the mainland from the Metropolitan Police Special Branch or MPSB
00:32:33 MPSB to the security service. Second, the Good Friday Agreement signed on the 10th of April 1998. Although the agreement did not completely eradicate the threat from
00:32:48 completely eradicate the threat from terrorism because of the existence of dissident groups, it did radically change both the political and policing landscape.
00:32:59 landscape. Racism within society continued to be a serious problem. As we have already touched upon in our investigation of late T2 SDS UCOs, there was considerable racist violence
00:33:13 there was considerable racist violence within the Metropolitan Police District in the early 1990s, particularly in Southeast London. It prompted large protests, most notably from a public
00:33:29 protests, most notably from a public order perspective, the demonstrations at Welling on the 15th of May and 16th of October 1993, both of which became violent. Racism within the MPS was also an issue.
00:33:44 Racism within the MPS was also an issue. Numerous racial justice campaigns arose, often from deaths in custody, miscarriages of justice, or failures to
00:33:56 miscarriages of justice, or failures to bring the perpetrators of racist attacks to justice. Racism within the MPS fell under a particularly bright public spotlight during the course of the Steven Lawrence inquiry.
00:34:11 Steven Lawrence inquiry. That inquiry was announced by the home secretary Jack Straw in July 1997. It opened in March 1998 and reported in February 1999. It reported not only that the ineffective criminal investigation into
00:34:25 ineffective criminal investigation into the racist attack on Steven Lawrence and Dwayne Brooks OBBE was deserving of severe criticism, but also that the Metropolitan Police Service was institutionally racist.
00:34:38 institutionally racist. We have been investigating SDS reporting on black justice campaigns and attitudes to race within the unit from the outset of the inquiry.
00:34:49 of the inquiry. There have been many examples in tanches one and two of racist content within SDS reporting. We have found much reporting
00:35:03 reporting. We have found much reporting on those campaigning for racial justice. There were deployments into far-left-wing groups campaigning for racial justice, such as that of HN 106, who use a cover name Barry Tomkins in
00:35:18 who use a cover name Barry Tomkins in Trunch One. He infiltrated East London workers against racism from approximately the end of 1980 to 1983. In the case of HN88 in Tranch 2, we
00:35:30 In the case of HN88 in Tranch 2, we received evidence that he was tasked to a geographical area Stoke Newington and Hackne where he reported on racial
00:35:41 Hackne where he reported on racial justice campaigners and those seeking to hold the police to account. We received evidence from witnesses involved in some of the justice campaigns that were the subject of SDS reporting.
00:35:56 reporting. for example, John Burke, Monival, Sharon Grant, OBBE, Diane Abbott, MP, Richard Aban, Adams, and Stafford Scott, who has provided a
00:36:08 and Stafford Scott, who has provided a further voluntary witness statement for Tranch 3.
00:36:18 Tranch 3. All of this evidence, important in its own right, in its own period, is also significant contextual background evidence about attitudes and practices both within the SDS and amongst
00:36:30 both within the SDS and amongst consumers of its intelligence. As we enter the TR3 era, in tranch 3, the issue of race will be particularly prominent.
00:36:41 particularly prominent. There is a great deal of SDS reporting on a large number of racial justice campaigns during this era. In phase one, racial issues are central to our
00:36:53 racial issues are central to our investigations of the deployments of HN43,
00:36:55 HN43, Peter Francis, who use the cover names Peter Johnson and Peter Black, and that of HN81,
00:37:10 of HN81, who use the cover name David Hagen. They are also a very important aspect of the deployment of HN15 Mark Jenner who use the cover name Mark Cassidy. I shall be returning to each of their deployments shortly.
00:37:23 their deployments shortly. We have the benefit of the evidence of a large number of core participants affected by tranched 3 SDS reporting on racial justice campaigns or race related issues who have provided witness
00:37:36 issues who have provided witness statements for tranch 3. They include those personally affected by the police conduct that was the subject of the campaign.
00:37:45 campaign. Baroness Dorene Lawrence OBBE Dr. Neville Lawrence, OBBE. Dwayne Brooks,
00:37:59 Neville Lawrence, OBBE. Dwayne Brooks, OBBE. Bernard Renick, Lee Lawrence, MSS, MWS,
00:38:00 MWS, MNA Simpson, Patricia Armani, Dilva, Sukdef, Real, Tish, Real, and Winston Silcot.
00:38:19 Silcot. The traumas experienced by each of these people are clearly set out in their deeply moving, at times harrowing evidence.
00:38:20 evidence. So too are their complaints about the police, many of which have already been held to be justified by one means or another.
00:38:34 another. In addition, we have evidence from those who advised or closely supported those at the heart of such campaigns and were themselves reported on. Michael
00:38:51 themselves reported on. Michael Mansfield, Kings Council, Surish Grover of the Monitoring Group, Assad Raymond of New Monitoring Project, and Mark Wodsworth of the Anti-Racist Alliance. We also have evidence from members of
00:39:10 We also have evidence from members of groups directly infiltrated which either campaigned on racial issues or assisted those making complaints against the police with a racial element. They include Mark Metaf and the woman we are calling Allison of the Colin Roach
00:39:22 calling Allison of the Colin Roach Center, Dr. Graham Smith of the Hackne Community Defense Association, Hannah Cell and Lois Austin of Youth Against Racism in Europe, Alex Oalarde, Karen Doyle, Antonia Bright, and the man we
00:39:38 Doyle, Antonia Bright, and the man we are calling Lewis of the Movement for Justice.
00:39:40 Justice. There will also be witnesses who campaigned against racism as a part of their wider political activity and who were reported on by the SDS.
00:39:53 were reported on by the SDS. We will be looking in phase one to establish whether there was any conscious or subconscious racism in the SDS deployments under investigation in
00:40:06 SDS deployments under investigation in accordance with the module 2A SDS issues list.
00:40:08 list. That task will require resolving a number of disputes of fact where overt
00:40:21 number of disputes of fact where overt racism has been alleged but denied. Most obviously Peter Francis's allegations against HN86, but also about racist behavior within the SDS and the higher chain of command. It will also involve considering what
00:40:34 It will also involve considering what inferences can and should be drawn from other important facts. Some of these are themselves disputed.
00:40:46 themselves disputed. For example, whether SDS reporting on black justice campaigns was quote collateral intrusion or whether those campaigns were of interest to MPS in their own right. The whole factual
00:41:00 in their own right. The whole factual context is important when considering
00:41:13 context is important when considering what inferences can and should be drawn, spanning any evidence of racist culture and behaviors, stereotyping and racist tropes through to the volume of reporting on racial issues, the reasons why it was reported, and the uses to which it was put.
00:41:27 which it was put. appropriate comparisons, actual or hypothetical, will be necessary. We are not investigating whether the
00:41:44 We are not investigating whether the only motivation was racist. The question is whether the actions in question were tainted in any way by conscious or subconscious racism. Many police accountability groups were active in London during the tranched
00:41:56 active in London during the tranched three era. scrutinizing police conduct and supporting those who are pursuing complaints or claims against the MPS. There is some overlap between the work
00:42:08 There is some overlap between the work of these groups and that of anti-racists because many complaints against the police or concerns about their conduct include allegations of racism. However, police accountability and
00:42:23 However, police accountability and anti-racist campaigning are conceptually distinct.
00:42:25 distinct. There are instances of both being targeted and reported on by the SDS. In the case of the Hackne Community Defense Association or HCDA,
00:42:37 Defense Association or HCDA, a police accountability group was
00:42:50 a police accountability group was specifically targeted. Dr. Graham Smith will be giving oral evidence about the HCDA and SDS reporting on both it and him personally. Moving from issues of race to blacklisting, the consulting association continued to be involved in blacklisting throughout
00:43:02 be involved in blacklisting throughout the trans 3 era. We will continue as we have to date to look for evidence of any
00:43:14 have to date to look for evidence of any links between SDS intelligence and those blacklisted. In tranch 2, we heard evidence about the commencement of the litigation which
00:43:25 commencement of the litigation which came to be known as the MAC liel case and SDS reporting about it. The case including its many appeals and journey to the European Court of Human Rights continued throughout much of tr.
00:43:38 continued throughout much of tr. We have identified 29 SDS reports relevant to the issue and are appending a short note to the written version of
00:43:50 a short note to the written version of this opening statement which summarizes the relevant evidence at appendix one.
00:44:03 A number of specific legal developments me merit mention. First the coming into force of the human rights act 1998 on the 2nd of October 2000 which made it a statutory requirement for public authorities to act in accordance with
00:44:18 authorities to act in accordance with the European Convention on Human Rights. From then onwards, unjustified interference with private life through undercover policing as well as inhuman or degrading treatment at the hands of
00:44:36 or degrading treatment at the hands of undercover officers constituted breaches of the act as well as of the convention enforcable in the domestic courts without the need for recourse in most cases to the European Court of Human Rights.
00:44:49 Rights. Second, the Regulation of Investigatory Powers Act 2000 or Reaper. Reaper introduced a statutory regime
00:45:01 Reaper introduced a statutory regime which amongst other things applied to the deployment of undercover police officers.
00:45:03 officers. It was intended to ensure that the deployment of UCOs complied with the requirements of the human rights act. The system of authorization,
00:45:14 The system of authorization, review, recordkeeping, and oversight which it introduced should have focused minds on the justification for deploying SDS UCOs, including proportionality
00:45:32 SDS UCOs, including proportionality as well as the need to manage and limit collateral intrusion. Third, the management of health and safety at work regulations 1999
00:45:43 safety at work regulations 1999 read with the police health and safety regulations 1999 introduced a system of risk assessment for the purposes of facilitating compliance with health and safety
00:45:57 compliance with health and safety legislation. I mentioned this because we will be continuing in tranch 3 to investigate the extent to which the MPS sought to protect its officers and those
00:46:14 sought to protect its officers and those affected by their actions from avoidable psychiatric harm. We will be aducing a great deal of evidence in this tranch about the harm done not only to members of the public but also undercover
00:46:25 of the public but also undercover officers as a result of SDS operations in the trench 3 era. There were other relevant legislative developments including the Criminal
00:46:36 developments including the Criminal Procedure and Investigations Act of 1996,
00:46:42 1996, the Police Conduct Regulations of 1997, the Data Protection Act of 1998, the Greater London Authority Act of 1999,
00:46:50 1999, the Race Relations Amendment Act of 2000, and the Police Conduct Regulations of 2004.
00:46:58 of 2004. We are not here to determine either civil or criminal liability and are prohibited from doing so. But it will be necessary, particularly at next summer's
00:47:13 necessary, particularly at next summer's hearing, to consider the extent to which laws designed to prevent problems of precisely the kind which beset the SDS or are alleged to have done were considered and followed.
00:47:34 I turn now to the organization of the SDS during the Trunch 3 era. In or around September 1992, shortly before the start of the Trunch 3 era, C and E squads of the MSB merged
00:47:45 era, C and E squads of the MSB merged into CE squad. The SDS fell under the command of CE squad until approximately January 1995
00:48:00 January 1995 when it was transferred into S squad. A further important change to the organizational structure within which
00:48:16 organizational structure within which the MP the SDS was managed occurred on the 2nd of October 2006 when special branch or SO12 merged with SO13 to form SO15 counterterrorism command. The SDS itself continued to be commanded by a detective chief inspector. A
00:48:29 by a detective chief inspector. A detective inspector served as second in command of the unit. They were supported by two or three sergeants.
00:48:40 by two or three sergeants. Starting soon after the unit's transfer back to S squad in 1995, a civilian administrator was added to the strength of the unit. From approximately the spring of 2003
00:48:54 approximately the spring of 2003 onwards, there was also a detective constable
00:48:55 constable serving in the back office. Nominally,
00:49:06 serving in the back office. Nominally, the SDS was supposed to have 12 UCOs at any one time, but in practice, it was often less than that. Although I shall throughout refer to the SDS, the meaning of this acronym changed in around 1997 or 1998
00:49:21 or 1998 from special demonstration squad to special duties section. We are today publishing on our website a timeline for tranch 3 accompanied by an
00:49:34 timeline for tranch 3 accompanied by an explanatory note which records the dates of service of the open SDS's UCOs its managers and those in the higher chain of command.
00:49:52 of command. A list of all 15 tranch 3 open UCOs with summary details can be found at annexa to the written version of these submissions. A list of the 10 closed UCOs is appended at annexb.
00:50:04 UCOs is appended at annexb. An open UCO is one whose cover name at least we are able to publish. The SDS continued to recruit exclusively from within special branch. As we noted
00:50:19 from within special branch. As we noted in tranch two, the selection process was changed after the scutterfair. A further change was introduced when
00:50:31 A further change was introduced when psychometric testing was added as is recorded in the 199394 SDS annual report. What difference such testing made appears to be debatable. It certainly did not prevent misconduct occurring
00:50:42 did not prevent misconduct occurring within the unit. Nor did it prevent SDS UCOs from suffering psychiatric injury. A closed UCO was recruited notwithstanding a concern that they
00:50:54 notwithstanding a concern that they might be unsuitable. They went on to suffer significant psychiatric injury as a result of their deployment. The recruitment process developed
00:51:08 The recruitment process developed further during the course of the Tranch 3 era such that by 2005 it is stated to have included an informal meeting, an interview,
00:51:21 informal meeting, an interview, psychometric testing, a psychological interview, a structured interview, a home visit and then final selection. The structured interview sought amongst
00:51:34 The structured interview sought amongst other things to assess moral and ethical boundaries. We will be exploring when these more formal interviews were introduced, why
00:51:45 formal interviews were introduced, why and what difference, if any, they made. Dilemas on themes of racial violence, racial issues, and sex, drugs, and rock and roll, amongst others, appear to have been used.
00:51:57 been used. The titles alone seem to confirm that these were areas which either were or should have been of concern for management. The training of undercover officers
00:52:12 The training of undercover officers continued to be informal in the back office and on the job. The deeply problematic tradecraft manual appears to have been in use throughout the trunch 3 era, although its precise contents and
00:52:27 era, although its precise contents and the name by which it was known seemed to have changed. The SDS officially stopped using deceased persons identities in the process of building their cover legends
00:52:45 process of building their cover legends early in the Tranch 3 era. Peter Francis was the last open UCO to base his cover identity upon a deceased child. And HN26, who used the cover name Christine
00:52:57 HN26, who used the cover name Christine Green, the first to deploy in late 1994, with a wholly fictitious identity. It does not appear from the witness statements that we have obtained that
00:53:11 statements that we have obtained that the use of wholly fictitious identities thereafter compromised the security of the SDS.
00:53:16 the SDS. Whilst the SDS officially stopped using deceased person's identities, we shall
00:53:29 deceased person's identities, we shall need to investigate the unauthorized use of a deceased child's identity by HN16 James Thompson, seemingly for his own ends.
00:53:34 ends. Moving to the question of targeting, we will continue to examine who took targeting decisions, what decisions were made, why, how, whether they were
00:53:47 made, why, how, whether they were justified, whether they were kept under review, and if they were justified initially, whether they remained so. We will be taking a particular interest
00:54:01 We will be taking a particular interest in how targeting was dealt with once the provisions of reaper came into force. What difference did formal statutory processes make? To what extent did they achieve the aims which the legislation intended and where they fell short? Why?
00:54:17 intended and where they fell short? Why? It is self-evident that the introduction of Reaper did not act as a panacea for problems of the kind that we have been investigating. But understanding why that was the case
00:54:33 But understanding why that was the case may be very important to recommendations for the future of undercover policing especially if the answer is cultural involving ingrained attitudes, behaviors and practices. Some aspects of the SDS operation appear
00:54:47 Some aspects of the SDS operation appear to have remained largely the same in the trunch 3 era. The unit continued to conduct twice weekly meetings at a safe property.
00:54:55 property. UCOs continued to use cover accommodation, cover employment, cover documents, and cover vehicles.
00:55:10 documents, and cover vehicles. Other practices changed. The back office was moved to covert premises during the course of the financial year 199798. All tranch 3 u have code names which often appear on SDS copies of their
00:55:21 often appear on SDS copies of their reporting and in management documents. There is a little more written process in the tranch 3 era. For example, the 1994 SDS policy guidelines regarding
00:55:36 1994 SDS policy guidelines regarding officers participating in crime and the 1998 MPS SDS undercover operations code of conduct.
00:55:52 of conduct. However, the extent to which the content of these and other procedural documents were observed in practice is another matter, one which we will be exploring.
00:56:03 matter, one which we will be exploring. The SDS computerized its administration in 1995
00:56:05 in 1995 and we have obtained and worked from an electronic copy of this record. Further details of our investigative methodology and the sources from which we have
00:56:16 and the sources from which we have obtained documents are contained in the tranch 3 disclosure note which is being published on our website today. Mentoring continued and there is
00:56:28 Mentoring continued and there is evidence that HN86 sought to improve support for UCOs when he was head of the SDS. However, the extent to which his
00:56:40 SDS. However, the extent to which his reforms of this kind were actually put into practice and maintained is in doubt. Psychological support began to be offered apparently from around 2001.
00:56:54 offered apparently from around 2001. It is clear from the written evidence that we will be aducing that the security of the SDS operation remained a paramount consideration.
00:57:05 paramount consideration. We will need to explore in more detail in oral evidence the extent to which this was so and the consequences. It
00:57:16 this was so and the consequences. It appears from the written evidence that it was a priority which continued to influence both the response to misconduct within the SDS and the unit's attitude to the justice system, both
00:57:29 attitude to the justice system, both civil and criminal. A striking example of the way in which security considerations influenced the response to misconduct is the reaction to HN16 James Thompson's case.
00:57:44 James Thompson's case. The SDS continued to produce an annual report until at least 199697.
00:57:58 We have already put into evidence in tranch 2 the unit's annual reports up to and including the 19967 report.
00:58:02 report. Today we are supplementing that evidence by publishing three further documents that have been obtained by the tranch 3 team. They include what appears to have
00:58:15 team. They include what appears to have been some discarded text from the 199596 report, a signed copy of the 199697
00:58:27 report, a signed copy of the 199697 report with associated minute sheet, and either an incomplete draft or part of a report for 19978.
00:58:34 We have not found a complete report for 199798
00:58:41 199798 nor any subsequent SDS annual report among surviving SDS records. Two entries on the minute sheet accompanying the 199697 report are significant.
00:58:52 report are significant. They demonstrate that the then commissioner Sir Paul Condon and then assistant commissioner special operations sir David Vanesse saw the
00:59:06 operations sir David Vanesse saw the report and lavished high praise on the SDS on the 29th of September 1997. Sir David wrote quote I know that you will wish to see this report. The
00:59:20 will wish to see this report. The operational impact of this small team is outstanding. I would be pleased to add a verbal briefing if that would assist.
00:59:31 briefing if that would assist. On the 14th of October 1997, Sir Paul replied, quote, "Please convey my appreciation to all concerned for another year of outstanding courage and professionalism.
00:59:46 professionalism. We will be returning to the senior chain of command knowledge and involvement with the SDS in much more detail at our hearing next summer.
00:59:57 hearing next summer. There is a potentially significant passage in the incomplete 199798 report which evidences a wish on behalf of the SDS management to trumpet to
01:00:14 of the SDS management to trumpet to their superiors HN81 David Hagen's work infiltrating the movement for justice and reporting on that group's alleged actions in relation to the Steven Lawrence campaign and the Steven Lawrence inquire. inquiry. It reads,
01:00:30 Lawrence inquire. inquiry. It reads, quote, "The experience and credibility gained in the SWP enabled a relatively smooth transition
01:00:43 enabled a relatively smooth transition into the movement for justice, which has been active in a number of campaigns in the Brixham area and have been at the forefront of the Steven Lawrence campaign attempting to ferment unrest at the inquiry. We will be aducing detailed evidence
01:00:58 We will be aducing detailed evidence about the circumstances in which the SDS came to be closed down at the hearing next summer. At this stage, it should
01:01:09 next summer. At this stage, it should suffice to say that towards the end of the SDS's existence, there appears to have been a clash of cultures. It manifested itself in considerable tensions between managers with
01:01:21 tensions between managers with backgrounds outside special branch and UCOs recruited from within special branch. The former sought to affect
01:01:36 branch. The former sought to affect significant changes to the way in which the SDS was run. They were met with considerable resistance to their efforts.
01:01:37 efforts. In those circumstances and in a changed geopolitical climate post 911, the decision was taken to close down the SDS.
01:01:48 close down the SDS. HN36 DCI Michael Dell was the last head of the SDS to come from a special branch background. He was succeeded in the autumn of 2005 by HN314
01:02:03 autumn of 2005 by HN314 DCI Julian McKini and then HN275 DCI Francis Flood, the last head of the SDS.
01:02:18 SDS. We are today publishing on the website a report written by Detective Sergeant HN273
01:02:20 HN273 in 2009
01:02:26 in 2009 following the closure of the SDS which was commissioned by DCI Flood. It is a significant early critique of the SDS operation. Amongst other things,
01:02:38 the SDS operation. Amongst other things, it recognized the considerable legacy of risk which the unit was leaving behind. For example, because of the way in which courts had not been properly informed of SDS activity.
01:02:50 SDS activity. An important question is why more was not done at that time to act upon the recognition that there were likely to
01:03:01 recognition that there were likely to have been miscarriages of justice and deceitful sexual relationships.
01:03:14 Before turning to the phase one witnesses, I should mention that we will be taking oral evidence from a senior manager, HN143 Ben Gun, early next week because it is
01:03:25 Ben Gun, early next week because it is expedient to do so now rather than wait until next summer's senior management hearing.
01:03:29 hearing. Questioning will be limited to essential issues for reasons of age and health. Mr. gun served as commander operations
01:03:40 Mr. gun served as commander operations in MPSB between approximately February 1988 and November 1991. We are also planning to call a second senior manager, Mr. Peter Felin, at some point during the phase 1 hearing. He
01:03:58 point during the phase 1 hearing. He served as commander operations in MPS from the late summer of 1983 until December 1987 and thereafter as dete deputy assistant commissioner security from January 1988 until December 1991.
01:04:10 until December 1991. Factual summaries of their written evidence can be found at annexes C and D to the written version of this opening.
01:04:26 The tranch three phase one UCOs are HN16 James Thompson, HN43 Peter Francis, HN81
01:04:33 HN81 cover name David Hagen, HN15 Mark Jenner, HN26 cover name Christine Green, and HN123.
01:04:45 and HN123. Mr. Thompson, Mr. Francis, and Mr. Jenner will give oral evidence. HN81 cannot give oral evidence for health reasons,
01:04:58 reasons, but he has provided the inquiry with a detailed witness statement. We understand HN26 to be outside the jurisdiction. She is legally represented, but has
01:05:11 She is legally represented, but has declined to provide a witness statement. HN123
01:05:18 HN123 is unrepresented and ceased responding to the inquiry's correspondence some time ago.
01:05:20 time ago. Despite significant efforts by the inquiry to find him since then, we have been unable to do so. He has not provided the inquiry with a witness statement, but he did make a witness
01:05:32 statement, but he did make a witness statement for the purposes of ci civil litigation against the commissioner in 2003.
01:05:53 The inquiry's approach to the aduction of evidence will remain the same as it was in tranch 2. The vast majority of tranch 3 evidence will be aduced in writing. Written evidence will be posted on our website subject to restriction
01:06:05 on our website subject to restriction orders and restricted reporting orders. Witnesses are called only where necessary and for the purposes of adding to, clarifying, exploring,
01:06:18 exploring, fully understanding or testing their written evidence. Their witness statements are admitted into evidence. Not every dispute of fact arising on the face of the written evidence will need to be resolved in
01:06:30 evidence will need to be resolved in order for you, sir, to discharge the terms of reference. For this reason, it is not necessary to call some witnesses even though their evidence conflicts with that of other witnesses. Nor is it
01:06:48 with that of other witnesses. Nor is it necessary to question every witness who is giving oral evidence about every dispute.
01:06:50 dispute. Redacted evidence is still evidence which you can take into account unless redacted on grounds of irrelevance. It is simply material that cannot be shared.
01:07:05 shared. During the hearings, we will continue to seek to call open witnesses and publish evidence in chronological order. We seek to call those former open UCOs who are
01:07:17 to call those former open UCOs who are giving evidence in chronological order by start date. There will be some exceptions to this rule. In phase one, Mr. Thompson will be called out of
01:07:31 Mr. Thompson will be called out of sequence for practical reasons unrelated to him. HN81's written evidence will be aduced in phase one because it is closely related to important issues arising from Mr. Francis's evidence.
01:07:46 arising from Mr. Francis's evidence. We do not seek to aduce open evidence relating to fully anonymous UCOs in chronological order. Written evidence relating to HN123's SDS service is being aduced in phase one because some of it relates to issues
01:08:01 because some of it relates to issues which will be prominent in this phase. Subject to practical issues we will continue to seek to aduce the evidence of non-p police non-state witnesses before the first of the open UCOs whose
01:08:16 before the first of the open UCOs whose deployment affected them. The result of this approach is that we will be receiving evidence from a large number of non-p police witnesses in phase one. A full list of the non-p police
01:08:27 A full list of the non-p police non-state core participants and witnesses whose evidence is being ade
01:08:41 to the written version of this opening statement specifying in which phase and how their evidence will be aduced. There are 79 civilian core participants and five civilian witnesses.
01:08:54 and five civilian witnesses. Our hearing timetable can be accessed online on the inquiries website. The boundaries between our trenches and the phases within them are entirely administrative boundaries used by the
01:09:12 administrative boundaries used by the inquiry to organize the conduct of our necessarily complex and lengthy investigation. The ground truth was a continuum and there is considerable overlap between tanches and phases in places.
01:09:25 tanches and phases in places. For example, some members of the public were reported on by both SDS and MOIU UCOs during the period that both units coexisted.
01:09:37 coexisted. Some were affected by both tranch 3 phase 1 and tranch 3 phase 2. UCOs UCOs give evidence about managers before their managers can respond.
01:09:48 their managers can respond. It is important to recognize that allegations are just that and in many cases we will be hearing only one side of the story in this phase. Final
01:10:08 of the story in this phase. Final conclusions can only be drawn once all necessary evidence has been received. Where crossover issues can fairly be addressed so as to avoid the need to recall witnesses in later hearings, we will do so. For example, a number of the
01:10:20 will do so. For example, a number of the civilian witnesses who will be called to give evidence in phase one have evidence to give about HN 104 Carlo Saraki who
01:10:31 to give about HN 104 Carlo Saraki who use a cover name Carlo Ner whom we are due to hear from in phase two. We will
01:10:42 due to hear from in phase two. We will be asking them about him in this phase so that they do not need to return in phase two. I now turn to the six UCOs who are the focus of phase one and seek to outline some of the most important issues to
01:10:53 some of the most important issues to which their deployments give rise. A more detailed factual summary of their evidence can be found at NXF to the written version of this statement.
01:11:13 Detective Sergeant James Thompson adopted the fictional cover name James Straven.
01:11:18 Straven. He deployed between February 1997 and March 2002 and infiltrated the animal rights
01:11:30 and infiltrated the animal rights movement, specifically the Brixton Hunt saboturs and the Cudden Hunt saboturs. He also appears to have mixed with at least some people who were believed to be committing offenses under the banner of the ALF.
01:11:44 of the ALF. Detective Sergeant Thompson seems not to have stayed long with the Brixton Hunt saboturs because it was felt they were too unpredictable to be a source of reliable advanced intelligence. He assessed the Cudden Hunt saboturs to
01:12:01 He assessed the Cudden Hunt saboturs to be more organized and consistently led. DS Thompson's reporting for approximately the first three years of his deployment reads as a mixture of intrusive personal reporting of the kind
01:12:15 intrusive personal reporting of the kind with which we are now familiar, but also reports about activities which on their face appear to have some policing value. DS Thompson became involved with his target groups in a wide range of animal
01:12:34 target groups in a wide range of animal rights activism spanning demonstrations, hunt sabotage, home visits, and other direct actions. Initially, at least, DS Thompson's managers were pleased with his
01:12:48 managers were pleased with his performance, which is reflected, for example, in his annual reports. In fact, all was not well. There are very many troubling aspects of DS Thompson's deployment and conduct.
01:13:03 DS Thompson's deployment and conduct. Despite investigation by his immediate managers towards the end of his deployment, investigation by Operation Hearn and our work to date, it is still not entirely clear where the truth lies.
01:13:16 clear where the truth lies. We will be using the hearing to seek to shed further light on what happened, how he was managed, and the impact that his conduct has had on others.
01:13:28 conduct has had on others. One thing is certain, Mr. Thompson has on his own admission told many lies to date.
01:13:44 date. He has lied not only to those he mixed with whilst deployed but also to his managers and to the inquiry. His credibility is very much an issue. At least two women were deceived into
01:13:55 At least two women were deceived into sexual relationships by DS Thompson. The fact of those relationships is no longer denied. The first was a woman we are calling Sara. She joined the Cudon Hunt
01:14:15 calling Sara. She joined the Cudon Hunt Saboturs and soon after met the man she knew as James Straven in the autumn of 1998.
01:14:21 1998. She liked him. A relationship developed and became sexual. Her written evidence is that he told her that he loved her at Glastenbury in 1999.
01:14:31 1999. She felt a strong connection to him and would have married him if he had asked. Over Christmas 1999, she states that she could not contact
01:14:42 she states that she could not contact him. She challenged him. He came to see her with a letter which asserted that he struggled to maintain long-term relationships, blaming it on his and
01:14:56 relationships, blaming it on his and close friends's experiences of sexual abuse when at school. She challenged him about why he had started a sexual relationship in those circumstances, but ended up being filled with empathy
01:15:12 but ended up being filled with empathy for him and comforting him. The sexual relationship ended, but friendship continued. He asked her not to tell anyone about the abuse.
01:15:23 anyone about the abuse. She is now very angry with the way in which she was manipulated. Mr. Thompson's account to the inquiry about how the relationship ended was to say that he realized it was getting serious, recognized the difficulties
01:15:40 serious, recognized the difficulties that it would cause for them both, and that the relationship ended through mutual agreement. The nonsexual relationship continued with a strong connection, and she continually hoped that it would
01:15:53 continually hoped that it would redevelop into an intimate relationship. She was devastated when in preparation for the end of his deployment, he said he was moving to the United States. I
01:16:07 he was moving to the United States. I shall not attempt in this brief opening to do justice to Sara's evidence about the impact of Detective Sergeant Thompson's deceit, but her council, Miss Kilroy King's Council, will be speaking
01:16:20 Kilroy King's Council, will be speaking on her behalf tomorrow, and Sara will be giving evidence to tell us in her own words on Friday the 17th of October. The second woman deceived by Thompson is a woman we are calling Ellie. Her
01:16:32 a woman we are calling Ellie. Her evidence is that she was not an activist but was and is an animal lover. She volunteered and later worked at a local animal hospital. Her relationship with
01:16:46 animal hospital. Her relationship with the man she knew as James Straven began in early 2001. He had asked her close friend, who we are calling Wendy, to set them up together.
01:16:55 together. She was 21 years old at the time and vulnerable. He said he was 33. He was in fact 37.
01:17:06 fact 37. Ellie describes James Straven as her first real love and serious boyfriend. She considered it a committed and monogamous relationship.
01:17:19 monogamous relationship. They went on a holiday together to Indonesia and Singapore. At around the start of 2002, Ellie recalls James Straven telling her
01:17:30 Ellie recalls James Straven telling her that he was going to have to move to the United States of America because his ex-wife and children were moving there. About a month later, he told her that he was going to have to move sooner than he
01:17:45 was going to have to move sooner than he thought. This was in fact all part of DS Thompson's exfiltration plan. There was no clean break in the relationship. Ellie continued to have strong feelings for James Straven and
01:18:01 strong feelings for James Straven and they kept in touch. They continued to meet periodically. Ellie has retained and exhibited to her
01:18:15 Ellie has retained and exhibited to her witness statement some of the electronic communications that have passed between them over the years. They are at times loving and emotional. The exchanges were not purely platonic. There was a sexual dimension. In one
01:18:31 There was a sexual dimension. In one communication, for example, he asked for photographs of her in lingerie. In June 2015, they had sex. Followers of the inquiry will note that was after this inquiry
01:18:47 will note that was after this inquiry had been announced and a month before its formal opening. Contact continued until April 2018 when James Straven messaged Ellie asking to speak to her. When she spoke, sorry,
01:19:00 to speak to her. When she spoke, sorry, when they spoke, he told her that he had been an undercover police officer. By this stage, Mr. Thompson knew that he was going to lose his anonymity in the inquiries proceedings.
01:19:14 inquiries proceedings. We may need to explore in more detail what was said in this conversation. Amongst other things, Ellie states that Mr. Thompson told her that a lot of
01:19:26 Mr. Thompson told her that a lot of former UCOs were leaving the country until the inquiry had blown over. Ellie describes the effect of the prolonged contact over the years, conducted as it was, as having a
01:19:38 conducted as it was, as having a significant impact on her. She states that she was never able to move on and get over him. She further describes the
01:19:50 get over him. She further describes the very significant impact that discovering that James Straven was in fact an undercover police officer has had upon
01:20:04 undercover police officer has had upon her. Ellie will be giving oral evidence. We will also be hearing oral evidence from Wendy. She was deceived into a long-term friendship with James Straven, which lasted from 1997
01:20:15 which lasted from 1997 until she discovered the truth about who he was in 2018. Like Ellie, she was first a volunteer and then a worker at the same animal hospital. She was an animal rights
01:20:31 hospital. She was an animal rights activist becoming a hunt sabotur at the age of 17 in 1997. Diaz Thompson supported her in 2000 and 2001
01:20:47 2001 when her mother was dying at a time when her mental health was very poor. She states that he encouraged her to continue hunt sabotage and facilitated her doing so. She describes James Straven as part of her inner social
01:20:58 Straven as part of her inner social circle. She was not interested in a sexual relationship with him, but is sure that there would have been one had
01:21:11 sure that there would have been one had she wanted one. Both Sara and Ellie were close friends. She is now troubled by the role she played in encouraging DS Thompson's sexual relationships with them both. She states that Thompson's deception has had
01:21:27 states that Thompson's deception has had a significant impact upon her, which she articulates in her witness statement. She also takes issue with aspects of DS Thompson's reporting and seeks an
01:21:39 Thompson's reporting and seeks an explanation for a passage in an internal SDS document about her which reads, "Recently moved into an address which he has bought since the death of her mother. attempts to disrupt this
01:21:55 mother. attempts to disrupt this purchase having failed. It is impossible to predict how long she will remain here. We agree this passage calls for an explanation.
01:22:06 explanation. SDS managers first began to have serious concerns about Diaz Thompson when they discovered that even though he had told them that he would travel to France on
01:22:22 them that he would travel to France on annual leave from the 26th of September to the 5th of October 2001. He in fact went to Indonesia to see an activist whom we are calling L4, deliberately disobeying an instruction not to go there.
01:22:38 there. The reason for cancelling the previously authorized trip was the hiatus and uncertainty that followed 911. DS Thompson went anyway, accompanied by Ellie. Why he did so will need to be
01:22:54 Ellie. Why he did so will need to be explored. DS Thompson's explanation was that he did so to maintain operational security.
01:22:59 security. Thereafter, more and more problems with DS Thompson's conduct emerged. It was discovered that DS Thompson had multiple passports in his James Straven identity. Pages had been removed, it appears, to
01:23:19 Pages had been removed, it appears, to conceal unauthorized travel. He also had multiple driving licenses at various addresses. These revelations were clearly of concern to his managers, not least because they believed that DS Thompson must have broken the law to obtain some
01:23:30 must have broken the law to obtain some of them. I will not go into more detail now, but it will be important to explore
01:23:43 now, but it will be important to explore why and how DS Thompson obtained so many documents as well as what he did with them.
01:23:47 them. It was also discovered that DS Thompson had multiple credit cards and bank accounts in his James Straven identity.
01:24:02 accounts in his James Straven identity. There was and is considerable suspicion about the financial propriety of DS Thompson's conduct during his deployment. Perhaps most troubling of all, Detective Sergeant Thompson was found to be developing another false and unauthorized persona. It was based on a
01:24:19 unauthorized persona. It was based on a deceased child's identity, that of Kevin Crossland. Kevin Crossland lost his life, aged five, in an airplane crash in
01:24:30 life, aged five, in an airplane crash in the early hours of the 1st of September, 1966.
01:24:35 1966. His mother and sister also perished in the crash, but his father David
01:24:47 the crash, but his father David survived, albeit with serious injuries. He remarried to Liisa Crossland, and they had a son, Mark. We have the benefit of witness statements from both Liisa and Mark Crossland which tell their story, explain the impact that DS
01:25:05 their story, explain the impact that DS Thompson's conduct has had upon them and their concerns about the management of the SDS. We will be hearing oral
01:25:19 the SDS. We will be hearing oral evidence from Lisa Crossland. We will be exploring with DS Thompson when, how, and why he used Kevin's identity and pursuing the issue further with his managers. By the time the issue came to the attention of SDS managers, Detective Sergeant Thompson had registered Kevin
01:25:31 Sergeant Thompson had registered Kevin to vote, obtained a mobile phone in his name, and obtained a driving license in his name.
01:25:40 his name. Growing concerns about DS Thompson's conduct prompted reflection on what had previously been considered a triumph on his part. A prominent strand of DS
01:25:52 his part. A prominent strand of DS Thompson's work was reporting on some activists alleged to be involved in ALF style activity. We are calling them L1, L2, and L3.
01:26:05 L2, and L3. Following an incident in which a hunt sabotur L4 was seriously injured by a vehicle driven by a hunt supporter believed to have been L5.
01:26:20 believed to have been L5. DS Thompson reported on immediate talk of reprisals. DS Thompson later reported on a plot to travel to France to obtain a firearm and black powder from an animal rights
01:26:34 black powder from an animal rights activist for the purposes of taking revenge.
01:26:40 revenge. It was decided to disrupt this plot. DS Thompson appears to have driven to Marseilles in his cover Land Rover Discovery with L3.
01:26:55 Discovery with L3. He seems to have left the vehicle where it could be and was recovered by HN58 who made it appear like a theft. A semi-automatic large caliber handgun was found in the vehicle together with ammunition and black powder.
01:27:07 ammunition and black powder. DS Thompson hired a car and drove to
01:27:18 DS Thompson hired a car and drove to Bordeaux where Sara recalls meeting him. SDS managers became suspicious that the plot might in fact have been a self arrandising tale designed to prolong DS Thompson's deployment. There has been no independent corroboration of the plot.
01:27:31 corroboration of the plot. Suspicions can only have been heightened
01:27:47 Suspicions can only have been heightened by a disclosure made to HN36 DCI Michael Dell by a UCO who has full anonymity in this inquiry to the effect that DS Thompson had been in position in possession of a firearm given to him as a gift whilst he was on protection
01:27:59 a gift whilst he was on protection duties. DS Thompson was alleged to have sought permission to keep it as a gratuitity, but to have been refused. It was further alleged that he did not return the gun, but instead took it to
01:28:12 return the gun, but instead took it to France and stored it in a deposit box. DS Thompson maintains that the plot was genuine.
01:28:21 genuine. We have been unable to locate L3. The question therefore remains, was
01:28:34 The question therefore remains, was there a genuine plot which DS Thompson's intelligence and actions thwarted, or was it all a deception on his part? Having begun to investigate DS Thompson, SDS managers noted that the volume of
01:28:48 SDS managers noted that the volume of his reporting was much lower than might have been expected. On analysis, they concluded that his later reporting was also of little value. A further question is therefore what DS Thompson was doing
01:29:01 is therefore what DS Thompson was doing with his time, especially in the latter parts of his deployment. We will need to explore this with him. It is known that he was spending time with Ellie and
01:29:18 he was spending time with Ellie and Wendy during this period. He also found time to study for qualifications from the Open University during his deployment and was awarded a diploma in economics in December 1999, a diploma in politics and government in
01:29:29 a diploma in politics and government in December 2001, and a first class honors degree in social sciences with politics and economics in December 2002.
01:29:41 and economics in December 2002. There was considerable suspicion on the part of his managers that he also became engrossed in his cover employment. It was unusual.
01:29:55 It was unusual. DS Thompson's cover employment was in the film industry. HN36 DCI Michael Dell even commented in a file note that DS Thompson's activities in the film industry were
01:30:10 activities in the film industry were almost the only topic of conversation at field meetings. We will need to explore whether DS
01:30:21 We will need to explore whether DS Thompson became distracted for financial or other reasons. I am now going to ask for a screenshot from the British Film Institute's website to be displayed which contains
01:30:33 website to be displayed which contains summary details of the 1998 television drama Coming Home. It is certainly an extraordinary feature of this deployment that the cover name of an SDS UCO
01:30:48 that the cover name of an SDS UCO features in the credits for a wartime period drama. If we could have the screenshot, please.
01:31:00 Could
01:31:20 that be taken down now, please?
01:31:35 Investigation of DS Thompson's telephone records revealed high call volumes to Sara, Ellie, and Wendy, which begged questions. This takes me to the management reaction, which we will be examining closely in oral evidence. Both SDS and
01:31:50 closely in oral evidence. Both SDS and more senior MPSB managers faced a by now familiar quandery. Should they discipline Thompson or might that risk leading to a chain of events that would compromise the operational security of the SDS?
01:32:04 the SDS? Ultimately, the matter appears to have been dealt with by bringing DS
01:32:16 been dealt with by bringing DS Thompson's deployment to an end as soon as could be arranged and stern words from DCS Colin Black. DS Thompson's security vetting was reduced from developed vetting or DV to security clearance or SC but was reinstated 2
01:32:34 clearance or SC but was reinstated 2 years later. His authorization to carry a firearm was similarly withdrawn but later reinstated. DC Thompson was sufficiently
01:32:47 DC Thompson was sufficiently rehabilitated that he continued to serve in the MPS until his retirement in June 2014
01:32:52 2014 upon completion of 30 years of service. A particularly striking document is a record of an interview with DS Thompson
01:33:07 record of an interview with DS Thompson on the 1st of August 2012 after concerns about the SDS had become public. It records Detective Chief Superintendent Bob Sate reassuring DS Thompson at the beginning of the interview that he quote has every faith in JT who has shown
01:33:27 has every faith in JT who has shown unquestionable integrity over the last decade and ends by him offering his thanks to JT for his dedication, commitment and value over the last 11 years through some extremely stressful
01:33:39 years through some extremely stressful operations that have been performed in an exemplary way throughout. The record of the interview also records Commander Peter Spindler explaining that he does not wish DS Thompson to finish
01:33:52 he does not wish DS Thompson to finish his career thinking he is under a cloud and describes that both Bob Sate and the DAC quote hold JT in high regard and
01:34:05 DAC quote hold JT in high regard and value his commitment and dedication to his role.
01:34:08 his role. Questions about management decisionmaking in response to what emerged about DS Thompson's conduct are particularly significant in this instance. Mr. Thompson states in his
01:34:20 instance. Mr. Thompson states in his inquiry witness statement that he did
01:34:32 inquiry witness statement that he did admit to the relationship with Sara when interviewed by DCS Black. We will need to give DCS Black an opportunity to respond.
01:34:37 respond. But it appears that an opportunity might have been missed to prevent or reduce the protracted deceptions of both Ellie and Wendy, which continued until 2018.
01:34:49 and Wendy, which continued until 2018. In the result, Sara, Ellie, Wendy, and the Crosslands did not find out what DS Thompson had done until this inquiry's
01:35:00 Thompson had done until this inquiry's processes brought his conduct to light. As to why DS Thompson behaved as he did, we understand him to be conveying in his
01:35:11 we understand him to be conveying in his witness statement that he lost his sense
01:35:23 witness statement that he lost his sense of identity and effectively became James Straven. He suggests that he was suffering from dissociative identity disorder. You may need to decide, sir, whether Mr. Thompson lost his grip on who he really was or whether his conduct over the
01:35:42 was or whether his conduct over the course of many years has in fact been motivated throughout by amoral self-interest.
01:35:50 Detective Constable Peter Francis joined the SDS in January 1993 and deployed between September 1993 and September 1997.
01:36:01 September 1997. He adopted the identity of a deceased child, Peter David Johnson. He adopted the identity of a deceased a bigger pardon. He supplemented this with the
01:36:15 pardon. He supplemented this with the name Pete Black, which was a name he had occasionally used on special branch prior to his deployment, but without any false documentation to support it.
01:36:26 false documentation to support it. During the course of his deployment, he was sometimes referred to as Pete Dailyaly, which was a name he states was created for him by one of his target group members that he used at large meetings and events.
01:36:38 meetings and events. There are differences between the way in
01:36:49 There are differences between the way in which Mr. Francis has described adopting a deceased child's identity and the way in which other SDS officers have done so, which we will need to explore. To accommodate his family life, he secured cover employment at a special needs school in West London, which
01:37:02 needs school in West London, which allowed him to have school holidays with his real family. Whilst in the back office preparing to deploy, he regularly drove the then head of the SDS HN86
01:37:22 of the SDS HN86 to and from work. Doing so enabled him to get to know HN86 well and led to conversations about the unit. Mr. Francis's evidence about these and other conversations with HN86
01:37:35 other conversations with HN86 is of pivotal importance to the inquiry. Mr. Francis portrays HN86 as a thoroughly and overtly racist man who amongst other things instructed him to
01:37:53 amongst other things instructed him to seek out intelligence for the purpose of undermining black justice campaigns. In particular, information about the Lawrence family which could be used to discredit them and to destroy the Steven Lawrence campaign.
01:38:06 Lawrence campaign. Mr. Francis asserts that he was also expected to report information that might discredit Dwayne Brooks. H&86 denies these allegations. We will be looking at them very closely
01:38:21 We will be looking at them very closely indeed, taking into account not just the competing evidence, but all of the contextual evidence. On the one hand, there is evidence of overt racism in the chain of command relating to HN593
01:38:38 chain of command relating to HN593 Detective Chief Superintendent Robert Potter and HN86. There is also evidence of racist content in SDS reporting,
01:38:49 in SDS reporting, considerable emphasis on black justice campaigns, evidence of critical police comments to the media in other cases following the deaths of black people as a result of
01:39:08 deaths of black people as a result of the use of force by police and broader findings about racism within the MPS, not least the findings of the Steven Lawrence inquiry itself. Race equality training in so far as officers recall any at all appears to have been inadequate.
01:39:23 have been inadequate. On the other hand, none of Mr. Francis's SDS contemporaries corroborate his account of a tasking to undermine the Lawrenes,
01:39:29 Lawrenes, nor is there any written SDS record of any such tasking. Moreover, attacks on Mr. Francis's credibility from many
01:39:43 Mr. Francis's credibility from many quarters are a strong feature of the tranched three witness statements. Steven Lawrence was murdered and Dwayne Brooks attacked on the 22nd of April 1993
01:39:57 1993 whilst Detective Constable Francis was preparing to deploy. Mr. Francis's account is that when he was working in the SDS back office at some point
01:40:08 the SDS back office at some point following the murder and prior to being deployed in September 1993, he was given a list of names by HN86. The names were of people visiting the Lawrence family home in the wake of
01:40:21 Lawrence family home in the wake of Steven's murder. He states that he was asked to find out if any of the visitors had particular political affiliations and were known to the SDS.
01:40:36 and were known to the SDS. He described stapling the list to the back of his diary. Despite considerable efforts, we have not been able to find the diaries of SDS undercover officers from this era. If
01:40:57 undercover officers from this era. If they have survived, no one has been able to find them. It is known that a family liaison officer or LLO who visited the Lawrence's home in the aftermath of Steven's murder did list the names of visitors to the house. The inquiry has
01:41:09 visitors to the house. The inquiry has sought further witness statements from the FLOs and their evidence will be aduced at next summer's hearing. In prepare in preparation for that hearing, we are also investigating whether there was communication direct or indirect
01:41:23 was communication direct or indirect between the murder investigation team and the SDS or from the senior chain of command to the SDS requesting
01:41:36 command to the SDS requesting intelligence about the Lawrence family or the Steven Lawrence campaign. Our exploration of the evidence in tranch 3 will not be narrowly confined to whether or not events occurred
01:41:47 to whether or not events occurred precisely as described by Mr. Francis. The inquiry is seeking to establish the full truth about what happened in
01:42:00 full truth about what happened in relation not only to the Lawrence family and Steven Lawrence campaign but also Dwayne Brooks and other family justice campaigns. We will be exploring whether relevant SDS deployments were tainted by
01:42:19 relevant SDS deployments were tainted by either conscious or subconscious racism, taking into account all relevant contextual evidence. After a brief foray into the M11 protest, Detective Constable Francis
01:42:30 protest, Detective Constable Francis deployed into the Kingsway Anti-Fascist Group or KFG. He states that he was specifically targeted against a prominent member, Lewis. As a member of KFG, Detective
01:42:51 Lewis. As a member of KFG, Detective Constable Francis became involved in the group's various anti-racist activities. Amongst other things, he attended demonstrations. There are significant disputes of fact between members of KFG and Mr. Francis. We shall need to clarify how openly the group operated,
01:43:04 clarify how openly the group operated, what its objectives were, whether it or its members were violent, whether and if so in what circumstances DS DC Francis
01:43:22 so in what circumstances DS DC Francis was violent, how accurate his reporting was, and whether KFG posed a threat to public order or of subversion. DC Francis reported extensively on the members of the group. He also reported
01:43:36 members of the group. He also reported on the group's activities, including in support of family justice campaigns. Very early in his deployment, Detective Constable Francis attended the demonstration at Welling held on the 16th of October, 1993.
01:44:00 16th of October, 1993. His account of events leading up to that demonstration will need to be explored. Through his infiltration of K AFG, Detective Constable Francis made contacts with both Youth Against Racism in Europe, which I shall refer to as Y, and Militant Labor, or ML, which changed
01:44:16 and Militant Labor, or ML, which changed its name to the Socialist Party or SP in December 1996. DC Francis spent the remainder of his
01:44:27 DC Francis spent the remainder of his deployment infiltrating these groups. He states that he took on two official roles within Y. The first was the Hackne and Islington branch secretary of Y and later branch secretary for militant for which he
01:44:39 secretary for militant for which he sought and obtained authorization from his managers. The second was Y security officer within the Hackne and Islington branch for which he saw no reason to
01:44:50 branch for which he saw no reason to seek SDS management permission. Y Re deny that they had security officers. He states that he was also offered the
01:45:04 states that he was also offered the position of chair at his branch but that he was instructed by SDS management to decline that offer as the position would hold too much sway. He was also the YRE
01:45:18 hold too much sway. He was also the YRE London executive delegate. He continued through YRE to be involved in anti-racist activism, reporting widely on a number of single issue and racial
01:45:30 on a number of single issue and racial justice campaigns, including the Winston Silcot Defense Campaign, the Brian Douglas campaign, and the Wayne Douglas campaign.
01:45:40 campaign. Mr. Francis states that he was often not tasked specifically to report on campaigns. Much was left to his own discretion as it was with other SDS undercover officers. He asserts when
01:45:55 undercover officers. He asserts when referring to the Brian Douglas campaign that as with all Black Justice campaigns, he would have reported anything negative about the campaign
01:46:10 anything negative about the campaign that was capable of discrediting andor shutting it down. We will need to examine whether that is what was expected of him and whether the infiltration of either Y or ML was ever justified. There are considerable differences
01:46:21 There are considerable differences between Mr. Francis's accounts and the accounts of those he mixed with from Yre and ML.
01:46:34 and ML. There are also conflicts between Mr. Francis's evidence and that of his managers and fellow UCOs. Ultimately, DC Francis's managers decided that his deployment should come to an end. They had by November 1996
01:46:52 to an end. They had by November 1996 been notified been notified that the security service no longer required information on subversive groups. He was also scheduled to complete his deployment in 1997 in any event. The
01:47:06 deployment in 1997 in any event. The withdrawal was put in motion in December 1996
01:47:16 1996 with a trip to Berlin in January 1997 organized as part of the strategy. It ultimately became a long and convoluted plan that managers say was unauthorized, albeit that is disputed by Mr. Francis.
01:47:30 Mr. Francis. Turning to the questions of trade unions and blacklisting, Detective Constable Francis reported on trade unionists whom he believed fell into the subversives category. Examples include Frank Smith, a trade unionist
01:47:43 include Frank Smith, a trade unionist and member of the militant away team, Alex Olad, a member of the revolutionary
01:47:59 Alex Olad, a member of the revolutionary internationalist league and unison. Tony Guard, a member of MFJ and the NUT, and Matt Rack of the Fire Brigades Union. Mr. Francis states that his intelligence was of interest to special branch and to the security service and
01:48:12 branch and to the security service and further it was likely to be disseminated to special branch contacts in the building trade with the potential for blacklisting. Similarly, he reported on militant
01:48:25 Similarly, he reported on militant members getting involved in unions and associated campaigns such as the National Union for Teachers campaign against vouchers in education.
01:48:36 against vouchers in education. DC Francis withdrew from the field in September 1997 by pretending his mother was sick and then died. He received sympathy cards
01:48:48 then died. He received sympathy cards and support from his target groups. He asserts that his deployment in fact ended due to the actions of his then wife who raised concerns about his mental health with Detective Inspector Lambert.
01:49:07 Lambert. During the course of his withdrawal, Mr. Francis says that he argued forcefully that the McFersonen inquiry should be informed of his deployment to the extent it touched on the Lawrence family and the campaign, but that SDS management
01:49:23 the campaign, but that SDS management and superiors were against him. We shall be putting that allegation to his managers.
01:49:29 managers. Mr. Francis feels he was failed by SDS management in regard to the serious negative effect of the deployment on his mental health. He was finally signed off
01:49:41 mental health. He was finally signed off sick in September 1999 and was medically retired from the MPS in 2001. He brought a civil claim for damages
01:49:53 He brought a civil claim for damages against the Metropolitan Police in which he is known as officer A which was settled.
01:49:58 settled. Mr. Francis has stated on many occasions that he and others had sex or entered into sexual relationships with members of the public in their undercover identities. His written evidence to this
01:50:15 identities. His written evidence to this inquiry is to the effect that he had one night stands with two activists and a number of sexual encounters with non-activists during his deployment.
01:50:32 non-activists during his deployment. He portrays a unit in which such conduct was well known and accepted as part of the job. He states that managers HN86 and HN67
01:50:43 and HN67 told him that the SDS went quote where MI5 feared to go. The inference being that MI5 agents could not engage in sexual activity but SDS officers could. and they sanctioned non-committal sex as
01:50:56 and they sanctioned non-committal sex as part of his role. He further states that HN10, Robert Lambert and HN67 advised him always to use condoms
01:51:12 advised him always to use condoms undercover. On two occasions, according to Mr. Francis HN36 DCI Keith Edmonson arranged for the squad to travel to Amsterdam where many of the officers he implies enjoyed all the city had to offer by way of drugs and sex. DCI
01:51:27 offer by way of drugs and sex. DCI Edmonson and others will need to be given the opportunity to respond. However, exploring with Mr. Francis and other Trans3 witnesses. Their knowledge of and attitude towards sexually
01:51:38 of and attitude towards sexually intimate relationships will continue to
01:51:50 intimate relationships will continue to be a core part of our work. It will span all phases of this tranch. All three of the open former UCOs being called to give oral evidence in phase one sexually deceived women. Three of the five who we
01:52:03 deceived women. Three of the five who we we will be hearing from in phase two are also known to have done so. Mr. Francis's witness statement made for the purposes of his civil claim in 2003 refers openly to the occurrence of
01:52:15 refers openly to the occurrence of sexual activity between him in his SDS role and members of the public including at least one member of his target group militant. Who in management saw that
01:52:34 militant. Who in management saw that witness statement and what if anything was done in response will be investigated. As is well known, Mr. Francis is a whistleblower who has previously provided accounts to the media,
01:52:46 provided accounts to the media, including The Guardian in 2010 and dispatches in 2013. He made a very significant contribution
01:53:03 He made a very significant contribution to the series of events which led to the establishment of this inquiry together with the fruits of investigation by deceived women, investigative journalists and others. Sir, before I move to the next officer, would that be a convenient moment to take our morning break?
01:53:16 take our morning break? I believe it would, and the um transcribers undoubtedly need it. Uh, shall we break for how long would you like? 10 minutes. Certainly. 10 minutes.
01:53:28 minutes. [Applause]
02:08:07 First of all, thank you, sir. Detective Constable HN81 used the cover name David Steven Hagen
02:08:20 used the cover name David Steven Hagen and was assigned the code name Windmill Tilta. HN81 joined the SDS in January 1996
02:08:25 1996 and deployed on undercover operations in June of that year. He was targeted to the left wing. Initially he infiltrated the Socialist Workers Party or SWP in
02:08:38 the Socialist Workers Party or SWP in Hammersmith. When the Hammersmith branch split, he affiliated with the Fulham branch. This part of his operation was a relatively fruitless exercise as far as
02:08:49 relatively fruitless exercise as far as public order intelligence was concerned. The SWP was not engaging in what is euphemistically described in police documents as street activity. HN81 sought redirection which took him
02:09:02 HN81 sought redirection which took him south of the tempames to Brixham. There he refocused his attention on class war,
02:09:13 he refocused his attention on class war, an anarchist political organization that had been involved in the pole tax riots of 1990.
02:09:17 of 1990. His involvement with this group led him to movement against the monarchy or momm. He was not specifically tasked to infiltrate class war or momm. His managers had directed him to go to
02:09:29 managers had directed him to go to Brixton outlining his general targeting strategy as a quote roving public order brief with a broad discretion as to
02:09:41 brief with a broad discretion as to direction. We will need to explore why HN81 was redirected towards Brixham, a racially diverse part of London, and why
02:09:52 racially diverse part of London, and why his brief was so wide. David Hagen found
02:10:04 his brief was so wide. David Hagen found little by way of serious public order to report on and by around June 1997 within a year of commencing his deployment he sought to infiltrate the movement for justice or MFJ. MFJ was involved in a number of
02:10:17 MFJ was involved in a number of campaigns in the area focused on the issues of racism and immigration. These often focused on policing issues
02:10:28 These often focused on policing issues such as deaths in police custody, police use of stop and search powers on young black men, and the use of CS spray.
02:10:42 black men, and the use of CS spray. Amongst other things, MFJ supported various black justice campaigns. MFJ was formed in 1995 from what was KAFG, the group that Peter Francis had previously infiltrated over three years
02:10:53 previously infiltrated over three years earlier. The group was considered to be a front or the Justice Arm for the Revolutionary International League or RIL, a left-wing group founded on Tropskyist principles.
02:11:08 Tropskyist principles. HN81 remained a member of MFJ until his deployment ended in July 2001. After HN81's move to MFJ, it is evident that race became a feature of some of
02:11:24 that race became a feature of some of his reporting. The extent to which the race of the people involved in the campaigns was noted seems to have depended in large part on the decisions made on which group to target, why, and what was important to include in reports. We will be asking managers why
02:11:42 reports. We will be asking managers why it was considered important to note that most of the attendees at a vigil were black youth of both genders. Did the SDS perceive a greater threat to public order in those circumstances?
02:12:01 public order in those circumstances? Similarly, why was it important to note the racial identity of people being leafleted on the street and those handing out the leaflets? the extent to which members of MFJ, including David Hagen, were or were not involved in the Steven Lawrence
02:12:15 involved in the Steven Lawrence campaign, the Steven Lawrence public support group, or with the Lawrence family or other supportive groups is a matter that will need our close attention. A significant number of the
02:12:30 attention. A significant number of the documents relating to HN81's deployment refer to the Steven Lawrence campaign and indeed the Steven Lawrence inquiry.
02:12:44 and indeed the Steven Lawrence inquiry. HN81 was present at Hannibal House above the Elephant and Castle shopping center on a number of occasions when that inquiry was sitting there, not least on the day that the five murder suspects
02:12:56 the day that the five murder suspects attended. He accepts being involved in the public disorder surrounding that event.
02:12:58 event. In what sense he was a spy in the Lawrence camp, to quote the finding of the Steven Lawrence Independent Review, would benefit from clarification.
02:13:17 would benefit from clarification. No one is suggesting that HN81 was a key figure in the family's campaign. HN81 states that MFJ was barely
02:13:30 HN81 states that MFJ was barely tolerated by the campaign. The inference being that he was limited in his access to the family or the campaign. Neither Baroness Lawrence nor Dr. Lawrence recall David Hagen. Moreover, the thrust of the evidence from core participants,
02:13:47 of the evidence from core participants, including undercover officers, confirms that the Lawrence family were well guarded against political groups, notably by Suresh Grover of the monitoring group and their family lawyer, Imran Khn, Kings Council. It is undeniable that the Steven Lawrence
02:14:02 undeniable that the Steven Lawrence campaign was conducted throughout in a manner that defied public disorder, advocating for order and calm, even where some would have had it otherwise.
02:14:18 where some would have had it otherwise. A good example is the 29th of June 1998 when the five murder suspects attended Hannibal House. HN81 describes that day as the most
02:14:30 HN81 describes that day as the most serious incident of public disorder he witnessed and participated in. He describes shouting, aggressive posturing, and joining in with the
02:14:43 posturing, and joining in with the pushing and shoving once that had begun. Dr. Neville Lawrence is appalled that a police officer was involved in such action. He has stated to the inquiry that it is, I quote, particularly
02:14:56 that it is, I quote, particularly troubling that an officer who sought to justify surveillance on the grounds of public disorder actively contributed to it.
02:15:06 it. Baroness Lawrence observes that CS gas was deployed by police against demonstrators on that occasion which led her to appeal to the crowd to keep calm.
02:15:18 her to appeal to the crowd to keep calm. She further appines that HN81's presence at campaign meetings and events was purposeful and his involvement suggests more than incidental involvement. The effects of his actions amounted to
02:15:30 effects of his actions amounted to surveillance and intrusion into their family and the campaign for justice. It may serve as a vivid reminder of the volatile atmosphere during the course of the Lawrence inquiry. the manner in
02:15:46 the Lawrence inquiry. the manner in which Baroness Lawrence and Dr. Lawrence conducted themselves, as well as the pressure that the Metropolitan Police Service and its then commissioner were under to show that
02:16:06 commissioner were under to show that part of the BBC documentary entitled The Murder That Changed a Nation, Part Two, which deals with the Steven Lawrence Inquiry.
02:16:15 A high court judge has ruled that five men who've all been charged in the past with murdering Steven Lawrence should give evidence to the inquiry into his death.
02:16:29 death. The appearance of the five suspects was almost the climax of the inquiry. There was a huge sense of anticipation. [Applause]
02:16:38 It's a public inquiry. Anybody can go into the public inquiry and the police were stopping them. Then you had the Nation of Islam downstairs in the foyer and I remember we were just about to start somebody just burst into the room
02:16:51 start somebody just burst into the room saying that there's commotion happening downstairs
02:17:00 and it got so bad that they had to stop the inquiry. But what the police was doing was totally out of order because the police had used CS gas in their faces and stuff. It was really, really bad.
02:17:13 stuff. It was really, really bad. Why is it on the Steven Lawrence inquiry when it's black people who are coming to seek justice that the police want to use offensive capability weapons like the CS gas?
02:17:26 gas? This is the scenario that everyone feared. Emotions running out of control down here and the evidence of the five suspects temporarily derailed.
02:17:38 They were going to cause a riot and I had to calm them down and and tell them that my family don't deal with things like that. What's happening here this morning is not going to get to the truth. It's going to stop us getting to the truth
02:17:46 truth and we are going to be branded as holy guns
02:17:51 guns is a public inquiry. You have every right to hear it. But I'm Steven's mother and if I ask a request of people just so just to respect me, I think it should be done.
02:18:08 But we can't let them come through and then they just get in a van.
02:18:12 van. Black people have the right to run their own struggle and you can't do it through a white judge sitting in some inquiry that doesn't have the opportunity to punish the police responsible or to actually
02:18:25 the police responsible or to actually put behind bars forever the murderers of Steven Lawrence coming now. [Applause] If the public needed persuading that
02:18:43 If the public needed persuading that this was a case in which on the one hand you had Neville and Dorian and on the other hand you had these five then I think they began to think about the things that had seriously gone ary here. The system that had fallen apart.
02:18:55 The system that had fallen apart. One suspect David Norris hit out as the youth struted down the walkway out of the Elephant Castle shopping center. that picture fixed in the public mind, the fact that there was something really, really badly wrong about this investigation.
02:19:10 investigation. A racist crime is one where it just doesn't attack you in the physical sense. There's psychological trauma. There is a sense that there are people out there that hate you, not because they want your phone, but because of
02:19:22 they want your phone, but because of your existence as a being. Steven was murdered simply because he existed and because of the color of his skin.
02:19:34 because of the color of his skin. At least one of the suspects was hit while they scrambled into their white getaway van.
02:19:50 [Applause] Why? Why are you protecting him? You have this young man, Steven Lawrence, who's never been in trouble with the police, who's not affiliated with the gang in any way, that is
02:20:04 with the gang in any way, that is working towards becoming an architect, and you're like, you are protecting these five really.
02:20:09 really. Steven's come to represent a wound that
02:20:23 Steven's come to represent a wound that needs to be healed in our society. It's kind of a weird privilege um to to to come to represent change.
02:20:25 change. [Music]
02:20:30 I really think it's best to add nothing to that.
02:20:34 to that. As inquire was going on, you could see McFersonen, I think his whole perspective change while he was listen listening to Steven's case. In an unprompted statement, Sir Williams spoke for the first time about a crisis of
02:20:47 for the first time about a crisis of confidence between the black community and the Metropolitan Police. His unexpected remarks today give the clearest indication so far that his final report will be damning about police racism.
02:21:02 police racism. Condon had a very public image and I think it must have been difficult for him to accept that there was institutional racism on his watch. I and we have challenged some of the
02:21:14 I and we have challenged some of the definitions of institutional racism. I have written to the judge and invited him to give us clarity. Initially, I think the inquiry he had about 10 or 12 definitions of what institutional racism was and is.
02:21:28 was and is. The message has got to be we are addressing it. We are acknowledging racism. We are addressing it. This is what we've done so far. This is what
02:21:39 what we've done so far. This is what we're doing even more of. I I'm not sure how we can maintain the current line. It isn't just about are you racist, are you not racist, it's much more multi-layered than that to try and deflect onto the rest of society will unravel and then it will
02:21:55 society will unravel and then it will sound either grudging or in denial. What I was not prepared to accept was a definition that meant the police service
02:22:08 definition that meant the police service or individual officers were deliberately being racist as a choice as a preferred method of operation. The inquiry chairman, Sir William McFersonen, asked the commissioner how he could deal with the problem of racism
02:22:20 he could deal with the problem of racism if he didn't even acknowledge it exists. Paul Condan offered a personal apology for the failures of his force, but he asked the inquiry not to pronounce the Met guilty of institutional racism. The commissioner was pushed persistently and pointedly by the inquiry panel to
02:22:36 and pointedly by the inquiry panel to accept there is widespread racism in his police service. So Paul repeatedly refused to agree. I will take those notes, John. For condom to say there was a few bad apples.
02:22:43 apples. Wasn't just a few was hundreds of them. I don't see how the Metropolitan Police is going to move on from today without admitting to what has been going on. There is no way they can move forward.
02:23:05 I think it would have given Neville and Dorian some comfort if I'd resign and that weighed heavily on me.
02:23:16 But I felt on balance. It was my duty and responsibility to to lead the service through change.
02:23:29 Thank you. We aim to establish how HN81 obtained the intelligence that he did. We will also be asking why, what was
02:23:41 We will also be asking why, what was done with it, and whether there was any conscious or subconscious racism involved.
02:23:45 involved. There is written evidence at the SDS through HN81 and his manager, Detective Inspector Robert Lambert, fed directly into the
02:24:01 Robert Lambert, fed directly into the MPS Steven Lawrence Review Team or SLRT. They provided oral briefings to acting detective inspector Richard Walton around August 1998 at a time when the commissioner's legal team were preparing his submission to the McFersonen inquiry. There was a meeting at which
02:24:21 inquiry. There was a meeting at which ADI Walton, Detective Inspector Lambert, and HN86 were present which was held in DI Lambert's back garden. It is our understanding that Sir William McFersonen was not made aware of such channels of intelligence before that was
02:24:35 channels of intelligence before that was publicly brought to light by the Ellison investigation. The legal and ethical basis for the MPS resorting to undercover intelligence in
02:24:46 resorting to undercover intelligence in the context of legal affairs is a wider topic that this inquiry will investigate. We will be seeking to establish precisely what the conduit of intelligence between the SDS and the SLRT
02:25:01 SLRT entailed and why it was established. We will also be examining whether any thought was given to whether such use of an undercover police officer could be justified.
02:25:15 justified. Who knew what about HN81's operation must also be established. There is evidence suggesting that it went to the top of the MPS, eliciting praise from Commissioner S. Paul Condon at the
02:25:28 Commissioner S. Paul Condon at the height of the McFersonen inquiry, albeit H&81 states that he did not engage directly with the commissioner about his deployment. We will be receiving evidence from Lord Condon and other senior officers next summer. A pen
02:25:50 senior officers next summer. A pen picture prepared for the purposes of ACSO Vanessa's visit to the SDS on Tuesday the 7th of July 1998 notes that HN81 I quote has been in a unique position to report on the recent attempts by MFJ to
02:26:02 report on the recent attempts by MFJ to galvanize the black youth in Brixton and families of in quotes victims of deaths in police custody to demonstrate against police.
02:26:11 police. More recently, he has provided intelligence on the MFJ's efforts to influence the Lawrence family during the public hearing.
02:26:27 public hearing. Some of H&81's reporting concerned to Wayne Brooks. Amongst other things, it referred not only to criminal proceedings then pending against Mr. Brooks, but also his civil claim against
02:26:38 Brooks, but also his civil claim against the MPS. It is difficult to see how this reporting could be justified. We will be exploring that topic with
02:26:49 We will be exploring that topic with H&81's managers and seeking answers as to why the information was obtained, recorded, and retained. A similar issue arises in relation to reporting about criminal proceedings against Lee Lawrence.
02:27:00 against Lee Lawrence. Through his involvement with MFJ, HN81 came into contact with the family of Lac Vinda or Ricky Real who died in suspicious circumstances following a
02:27:12 suspicious circumstances following a racial assault in Kingston upon Temps. His mother, Sukdev Real, has stated that she was horrified to learn that HN81 had been reporting on their personal
02:27:28 had been reporting on their personal lives and had driven her home following a meeting one evening. Despite HN81's role within the MFJ
02:27:46 Despite HN81's role within the MFJ group, he explains that he never took up any position of authority nor sought to influence the direction of the group, particularly not in relation to the Steven Lawrence inquiry. In light of that statement, it will be necessary to assess the factual accuracy of some of the management documents for his deployment. For instance, in a
02:28:03 his deployment. For instance, in a summary of HN81's withdrawal strategy, HN129,
02:28:04 HN129, Detective Sergeant Null War notes, I quote, "Windmill Tilter is quite candid in admitting that he was largely responsible for their adoption of the
02:28:19 responsible for their adoption of the Steven Lawrence case, and the rest, as they say, is history." Karen Doyle puts that down to bigging himself up when it came to his role in MFJ and the need to justify his
02:28:30 MFJ and the need to justify his deployment. The inquiry will consider whether this is true not only of HN81 and his managers, but if so, whether
02:28:46 and his managers, but if so, whether such exaggeration was manifesting a much broader practice across SDS operations in an effort to continue to justify their existence and ultimately the SDS operation as a whole. The inquiry has found no evidence that
02:29:02 The inquiry has found no evidence that HN81 was arrested for any offense, nor did he participate in any legal proceedings whilst undercover. He is not known to have had a deceitful relationship undercover. HN81's deployment ended in 2001.
02:29:15 HN81's deployment ended in 2001. He believes that his service as an undercover officer has had an enduring effect on his mental health and that of his family. Due to the secrecy of the unit, it was difficult for him to seek
02:29:26 unit, it was difficult for him to seek help. HN81 received an OCU commander's
02:29:37 help. HN81 received an OCU commander's commendation following his deployment. Mark Jenner was deployed between February 1995 and April 2000 using the cover name Mark Cassidy. He
02:29:52 using the cover name Mark Cassidy. He first infiltrated the Colin Roach Center or CRC and the Hackne Community Defense Association. He then targeted
02:30:03 Association. He then targeted anti-fascist action and Red Action. From late 1995 onwards, he was reporting on Republican Forum and Republican Shinfane. And in 1997, SDS records show Detective Constable Jenner was expected to have an enhanced focus on Irish
02:30:15 to have an enhanced focus on Irish Republican activists in London. His targeting specifically included two named individuals, Mark Metaf of the CRC
02:30:30 Mark Metaf of the CRC and Norman Blair. The former he got very close to, not so the latter.
02:30:42 close to, not so the latter. We will be investigating why DC Jenner was targeted against the CRC and HCDA and hearing evidence to determine whether there was any justification either for doing so or for reporting on
02:30:53 either for doing so or for reporting on the activities of individuals associated with them. We will be hearing from four witnesses who can speak to the nature of the CRC and its activities. Mr. Metaf, Allison, Steve Hedley, and Dr. Graeham
02:31:10 Allison, Steve Hedley, and Dr. Graeham Smith. Dr. Smith is also well placed to give evidence about the HCDA as a founding and long-term member of the association. There are serious differences between
02:31:27 There are serious differences between the portrayal of the CRC and HCDA by the SDS and the descriptions provided by these witnesses. differences as fundamental as whether or not the HCDA was anarchist, a label which HN10 Bob Lambert appears to have
02:31:38 which HN10 Bob Lambert appears to have applied. In particular, we shall need to explore whether the CRC and HCDA were of
02:31:52 explore whether the CRC and HCDA were of interest to the SDS and MPS in their own right or whether they were regarded as mere stepping stones to the AFA, Red Action, Republican Forum and Republican Shinfane.
02:32:04 Shinfane. This is important, not least because CRC campaigned against racism and HCDA was involved in police accountability work,
02:32:15 involved in police accountability work, including cases with a racial dimension. So far as connections between the CRC and Irish republicanism are concerned, there are again serious differences in the evidence which will need to be
02:32:35 the evidence which will need to be resolved. For example, Mr. Headedley is described in SDS reporting as an Irish Republican and violent. However, his written evidence is that he is a socialist, not an Irish Republican, and that he was a trade union liaison officer for CRC. Moreover, he denies believing in
02:32:48 Moreover, he denies believing in violence, save in self-defense, and states that he has never been convicted of any crime, let alone a violent offense.
02:33:00 offense. On the subject of violence, there is also an issue as to how Detective Constable Jenner conducted himself, including whether he was violent in his
02:33:15 including whether he was violent in his undercover identity, and if so, whether his use of violence was appropriate or authorized. Mr. Metaf, Dr. Smith, Allison, and DC Jenner's now ex-wife, whom we are calling S, as well as Mr. Jenner all
02:33:29 calling S, as well as Mr. Jenner all have relevant evidence to give on this topic.
02:33:34 topic. DC Jenner was arrested on suspicion of obstruction of the highway in his undercover identity after participating in a counter demonstration in Dover
02:33:45 in a counter demonstration in Dover against the National Front on the 28th of February 1998. In the result, the charges were dropped, but not before he appeared at Dover Magistrate's Court to plead not guilty
02:33:56 Magistrate's Court to plead not guilty to the charge. Television news footage of the event gives a flavor of the kind of public disorder in which Detective
02:34:08 of public disorder in which Detective Constable Jenner found himself during the course of his deployment. He is wearing a black bomber jacket, black woolen hat and gloves and can be
02:34:24 black woolen hat and gloves and can be seen prominently at the end of the piece apparently mouththing come on to opposing demonstrators.
02:34:38 The National Front abandoned a rally in Dova over the arrival of asylum seekers from Eastern Europe after clashes with anti-racist demonstrators. The National Front was protesting at the arrival last month of several hundred gypsies from Slovakia and the Czech Republic. [Music]
02:34:57 Around 50 members of the National Front arrived in Dova to start their march along the seafront, escorted by the police. After only a few minutes, they were confronted by a small group of anti-racist protesters determined to block their path.
02:35:09 block their path. As the police moved in to keep the two sides apart, a couple of fireworks were thrown at the National Front. Plans to keep the anti-racist groups well away hadn't worked. As they ran
02:35:21 well away hadn't worked. As they ran round to try to reach the marchers, the police blocked them, pushing forward to let the march continue. The number of scuffles grew and became nastier. More police in riot gear moved in,
02:35:35 More police in riot gear moved in, forcibly clearing a path so the national front could get back on their coach to leave. One man was injured. There were six arrests. This was something that police hoped wouldn't happen. Whatever the views
02:35:49 wouldn't happen. Whatever the views about the gypsies, angry scenes like this won't take the heat out of the situation. There was clearly at least one supporter for the National Front in Dova. Many local people have resented the arrival
02:36:00 local people have resented the arrival of hundreds of Czech and Slovac gypsies in their town. But while views are divided on the issue, no one wanted a confrontation on the streets. Valerie Jones, BBC News do. Thieves have stolen computer. Thank you.
02:36:25 DC Jenner assumed a number of positions of responsibility during his deployment. They included North London anti-fascist action organizer, information and data officer for the independent workingclass association and chair of the Brian Higgins Defense
02:36:37 chair of the Brian Higgins Defense Committee. Mr. Mr. Higgins was a victim of blacklisting and we will be questioning why DC Jenner assumed the role that he did in Mr. Higgins justice campaign.
02:36:47 campaign. The campaign itself concerned a liel claim against Mr. Higgins. We will be exploring what intelligence and
02:36:58 exploring what intelligence and influence each of these positions gave DC Jenner. A cause of considerable concern is the
02:37:10 A cause of considerable concern is the extremely prolonged sexual and emotional deception that DC Jenner practiced on Allison.
02:37:12 Allison. DC Jenner entered into a sexual relationship with Allison early in his
02:37:23 relationship with Allison early in his deployment and soon moved into her flat to cohabit with her. The relationship lasted almost five years and the cohabitation more than four years. DC Jenner became very deeply involved
02:37:35 Jenner became very deeply involved indeed in her life attending family weddings, birthdays and religious celebrations. They holiday holidayed
02:37:48 celebrations. They holiday holidayed together in the United Kingdom, Greece, Israel, Vietnam and the Netherlands. We shall, amongst other things, be seeking to explore whether the purpose of some of these trips was misrepresented in SDS paperwork, and if so, why and by whom.
02:38:00 so, why and by whom. A particularly cruel feature of DC Jenner's deception of Allison is that she wanted to start a family. The man she knew as Mark Cassidy told her he
02:38:16 she knew as Mark Cassidy told her he wanted to have children with her, but just not yet. Her written evidence explains that she persuaded him to go to couples
02:38:32 persuaded him to go to couples counseling for between 12 to 18 months in an attempt to resolve that impass. Allison explains that DC Jenner continued to deceive her about this issue right up until the end of his deployment. DC Jenner implemented his his
02:38:51 DC Jenner implemented his his exfiltration plan after Christmas 1999 by feigning an abrupt change in his demeanor, appearing increasingly depressed, withdrawn, and paranoid. On the 15th of March 2000, DC Jenner abruptly moved out of her flat,
02:39:05 abruptly moved out of her flat, returning for two periods over the following weeks before finally disappearing for good on the 11th of April, 2000, leaving a note explaining he had left to travel to Germany.
02:39:24 he had left to travel to Germany. Allison was devastated by his departure. She immediately commenced extensive efforts to try to locate him. She contacted his employer but was told that he had not worked for them for some time. Allison undertook a variety of
02:39:39 time. Allison undertook a variety of searches, all of which yielded nothing. She recalled that in 1997 she had discovered a bank card in the name of Mark Jenner which Mark Cassidy
02:39:50 name of Mark Jenner which Mark Cassidy had said he had bought in a pub to pay for petrol. She had written down the name on the card but her note had disappeared. She became increasingly convinced that her partner had been a spy. In 2001,
02:40:04 her partner had been a spy. In 2001, Allison learned through an unofficial search that Mark Cassid's passport was recorded as stored in CE. Further inquiries with a private
02:40:17 Further inquiries with a private detective led Allison to believe that Mark had been living under a false identity. Eventually, a meeting with Helen Steele and a discussion
02:40:35 Helen Steele and a discussion surrounding Miss Steele's own experience with John Barker convinced Allison that Mark Cassidy had been a special branch officer. It was only in 2011 as she built her case in litigation against the MPS that Allison received information
02:40:49 MPS that Allison received information from a journalist which confirmed that Mark Cassidy was Mark Jenner, an SDS officer.
02:40:55 officer. An extraordinary and valuable element of the evidence that we have is video footage of Detective Constable Jenner during the course of the relationship. It was filmed by Allison. Some has
02:41:06 It was filmed by Allison. Some has already been broadcast on national television. We will be using it for forensic purposes. It vividly depicts
02:41:19 forensic purposes. It vividly depicts the deception in ways that word cannot. Allison was not the only female victim of detective constable Jenner's conduct. So too was his then wife s. We are
02:41:33 So too was his then wife s. We are fortunate to have her account of events. She describes the family's sacrifices made during and after the course of the deployment and the impact of Detective Constable Jenner's behavior. The
02:41:44 Constable Jenner's behavior. The consequences of the deployment included
02:41:56 consequences of the deployment included an enforced move. She is critical of SDS management, asserting that there was a lack of oversight, information, and support.
02:41:58 support. As well as giving DC Jenner an opportunity to give his account of the facts where there are material disputes, we will be exploring with him why he
02:42:12 we will be exploring with him why he behaved as he did towards both Allison and S.
02:42:14 and S. We will also be exploring management knowledge of the sexual relationship as
02:42:25 knowledge of the sexual relationship as well as the extent to which the chain of command was aware of the nature of his target groups. As to the former issue, HN127 Detective Sergeant Titty wrote this in a memo dated the 10th of October 2000,
02:42:42 memo dated the 10th of October 2000, which was circulated to all the SDS's then managers. That is to detective chief inspector HN53,
02:42:49 HN53, detective inspector HN58 and detective sergeants greeny and war.
02:43:00 and detective sergeants greeny and war. Partnerships in the left-wing field are by and large confined to the parties that they are members of. For example,
02:43:12 that they are members of. For example, there are a large number of cohabiting partners relationships within the SWP and SP and anyone who enjoys single status over a certain period may invite unwanted suspicion. The most difficult of this type of
02:43:27 The most difficult of this type of inquiry is generally instigated from an attached female who may be taking soundings on behalf of one of her friends. The female antenni is a
02:43:45 friends. The female antenni is a difficult creature to subdue and whereas as a rule they applaud monogamy they do possess the ability to unearth doubts about perceived relationships. There have been recent operations, eg
02:43:56 There have been recent operations, eg Touchy Subject and Psycho Dream, where due to the lifestyle employed by the operatives, their boner fighters were considered unimpeachable. This is patently not the case in every
02:44:10 This is patently not the case in every operation, and consideration should now be given to providing additional operational support to field officers.
02:44:24 operational support to field officers. The code names touchy subject and psycho dream are those of Mark Jenner and Jim Boiling respectively. So far as senior management knowledge of DC Jenner's targets is concerned, a penned picture of DC Jenner draws
02:44:38 penned picture of DC Jenner draws specific attention to his ability to report on anti- police campaigns.
02:44:48 quote, "Within a short period of time, this officer has gained considerable credibility with his target groups, particularly AFA, the most violent of
02:45:00 particularly AFA, the most violent of left-wing groups, while maintaining an inside view of public order events in the Hackne area. The officer has a unique access to a range of anti- police campaigns in London. He has invagled himself into the inner sanctum of AFA.
02:45:13 himself into the inner sanctum of AFA. Republican forum enables him to access IRS and RSF supporters has recently been invited to officially join Red Action who have known Irish Republican links.
02:45:30 HN26, who use the cover name Christine Green, infiltrated animal rights activists for five years between November 1994 and November 1999.
02:45:46 November 1999. She operated in South and West London, although participated in activism outside London with those she had
02:45:57 outside London with those she had infiltrated. She reported principally on London Animal Action or LAA, South London Animal Action or SLAA, Brixton Hunt Saboturs, and ultimately persons involved in actions which fell under the ALF banner.
02:46:10 under the ALF banner. Her reporting covers a great variety of activism in the cause of animal rights, some of it lawful and some of it decidedly unlawful. Amongst reporting on
02:46:22 decidedly unlawful. Amongst reporting on individuals of a kind that was usual for the SDS is a report on a planned meeting to discuss making civil claims against the commissioner. It is yet another
02:46:35 the commissioner. It is yet another example of reporting on civil litigation or the potential for it. There appears to be a watershed in Christine Green's reporting around the spring of 1998. It followed expressions of
02:46:46 It followed expressions of dissatisfaction from her managers about the utility of her reporting up to that point and consideration of the early termination of her deployment.
02:47:02 termination of her deployment. Thereafter, there is a marked increase in reporting on ALF type activity and associated activists. Key to HN26's reporting on ALF activity appears to be her relationship with
02:47:16 appears to be her relationship with Thomas Frampton, who also seems to have used the aliases Joe Tex and Joe Tax. Mr. Frampton is described in an SDS file notes as being the leader of a Londonbased ALF cell.
02:47:29 Londonbased ALF cell. There is no doubt that HN26 became intimately involved with Mr. Frampton. At some point, she ultimately left her
02:47:46 At some point, she ultimately left her husband and resigned from the MPS to be with him. What is disputed is when the intimate relationship began. Her ex-husband told Operation Hearn that she had confessed to him in about April or May 1999.
02:48:06 May 1999. He says that she told him that she was in a relationship with someone called Joe and that he knew that she was an undercover officer. Two Tranch 2 witnesses, Paul Gravit and the man we are calling Walter, gave
02:48:18 the man we are calling Walter, gave evidence to the effect that the intimate relationship began during the course of HN26's
02:48:23 HN26's deployment. We will continue to investigate this issue. Far fewer women than men served as undercover police officers in the SDS.
02:48:38 undercover police officers in the SDS. But HN26's case illustrates clearly that the risk of undercover police officers becoming involved in sexual relationships with those they mix with undercover is not confined to men. Of
02:48:51 undercover is not confined to men. Of particular concern is the role that HN26 played in the release of Mink from Crow Hill Farm in Ringwood, Hampshire on the night of the 8th of August, 1998.
02:49:04 night of the 8th of August, 1998. She was authorized by her SDS managers to participate. The focus of our investigation when managers are questioned next summer will concern the circumstances in which she was so authorized, the level of that
02:49:19 was so authorized, the level of that authority, and why local police were not informed either before or afterwards when the crime was being investigated. HN123
02:49:31 HN123 was deployed in the mid 1990s into the Socialist Workers Party SWP and the Anti-Nazi League ANL. He later targeted another group which was involved in violence.
02:49:48 violence. Three aspects of the written evidence relating to him are of particular significance. First, he has stated that he reported on the Steven Lawrence campaign whilst he was infiltrating the ANL.
02:50:03 was infiltrating the ANL. Second, his partner wrote a letter of complaint to assistant commissioner David Veness in August 2002. She alleged that in at an SDS function which she attended where members of the
02:50:17 which she attended where members of the public were present, SDS officers could be overheard discussing an officer boasting about his undercover activities in the presence of SDS managers. She also reported that over the years
02:50:33 also reported that over the years undercover officers had boasted about their sexual relationships and the extrammarital affairs they had undercover. She recalled AC Vanesse himself referring to the SDS as a cowboy outfit. Her concern was that the SDS
02:50:46 outfit. Her concern was that the SDS required undercover officers to be in a stable relationship in their real lives, but the nature of their deployments
02:50:58 but the nature of their deployments undermined the very relationship that they relied upon. Her main concern was the failure of the SDS to pro protect the welfare of its
02:51:12 SDS to pro protect the welfare of its officers. The principal significance of this document, I submit, is that it is evidence that HN123's partner attempted to bring the issue of sexual misconduct to the attention of a very senior officer indeed, albeit in
02:51:28 very senior officer indeed, albeit in the context of her concerns for HN123's welfare.
02:51:30 welfare. ACSO Vanesse was second only to Lord
02:51:42 ACSO Vanesse was second only to Lord Stevens in the SDS's chain of command at that time. Mr. Vanesse has provided a witness statement to the inquiry and will have an opportunity to respond at
02:51:56 will have an opportunity to respond at next summer's hearing. It was in fact he who draw our attention to the existence of the letter which we then obtained from the MPS. His written evidence is that the document did not in fact reach him personally. Third, HN123's deployment took a
02:52:09 Third, HN123's deployment took a considerable toll on his mental health such that he brought a claim for damages for personal injury against the commissioner together with Peter
02:52:21 commissioner together with Peter Francis. His claim like that of Mr. Francis was eventually settled. It remains only for me to thank all those who have made this phase possible. It continues to be a herculean task to
02:52:38 It continues to be a herculean task to investigate on this scale and to prepare evidence for public hearings which neither harms the public interest nor violates the rights of individuals. A great many people have put in
02:52:52 A great many people have put in considerable effort to prepare for these hearings, often to tight deadlines. We are also conscious that giving evidence to the inquiry will be a daunting and stressful prospect for many. The inquiry
02:53:08 stressful prospect for many. The inquiry team is committed to assisting witnesses to give their best evidence as we continue our search for the truth. The inquiry has recently published a vulnerable witness policy to facilitate
02:53:25 vulnerable witness policy to facilitate seeking support and adjustments to this end. I encourage those who need it to seek the help that is available.
02:53:37 Thank you very much. That was uh to those who are listening to uh our proceedings in TR 3 and learning for the first time of the things that you speak. Your uh
02:53:54 of the things that you speak. Your uh opening submissions were of would have been of great interest as indeed they are to me and to those who know more about the subjects of which you've spoken.
02:53:59 spoken. We will resume at 2:00 with Mr. Skelson KC for the commissioner.
02:54:06 Until then, that concludes this morning's proceedings.