Opening statements from multiple barristers representing core participants in Tranche 3 Phase 1 hearings. Imran Khan KC represents Suresh Grover/Southall Monitoring Group, Baroness Doreen Lawrence, Blacklist Support Group, Michael Menson and Ricky Reel families, and Movement for Justice. James Wood KC represents family campaigns. Opening statements address institutional racism, surveillance of family justice campaigns, blacklisting of trade unionists, and political policing.
00:27:35 Good morning everybody. This is the third and last day of uh openings in part one of TR 3 and I will ask uh Mr. Khan Kings Council to begin.
00:27:49 Khan Kings Council to begin. Good morning sir. you know that I have a number of opening statements to make um and I'll endeavor with the time constraints to keep within those. Yes.
00:28:00 Yes. So I start with the with Surish Grover and the monitoring group. Um so we are led to believe that the policing of citizens in the UK rests on a profound principle that police serve by consent. It is a principle at the very heart of a mature democracy.
00:28:13 mature democracy. The UK's black communities have never been afforded this right. When it comes to alleged crimes by us, we are
00:28:25 to alleged crimes by us, we are overpoliced, suffering actions that lead to criminalization and brutal violence. Crimes against us are underpoliced and underresourced, lacking a professional and robust approach. Yet the lived experience of oppressed
00:28:38 Yet the lived experience of oppressed communities and the evidence before this inquiry shows that this principle has been steadily eroded over time. Over time, the Met Police has recast peaceful protest and civil rights activism as threats to public order.
00:28:50 threats to public order. Those who dissent, those who
00:28:58 those who desent um excuse me, I've lost my weight. Those who sent those who challenged the status quo are treated as subversive, even dangerous. As early as the 1980s, special branch
00:29:10 As early as the 1980s, special branch intelligence reports labeled the South Muncher group, later to become known as the Munch Group, TMG, as a political cell with a hidden hidden agenda. These
00:29:23 cell with a hidden hidden agenda. These reports suggested that TMG could become dangerous in times of disorder, portraying their legitimate community work as suspicious. Intelligence reports and police attitudes portrayed Mr. Grover and TMG
00:29:39 attitudes portrayed Mr. Grover and TMG as seeking to deliberately discredit and dismantle the police force, a depiction rooted in racist stereotyping. Criticism by black campaigners was treated with far more suspicion than similar criticism by white professionals.
00:29:54 professionals. Mr. Grover and the Montre Group relayed this information to the inquiry at the earliest opportunity in their opening statement in 2020, hoping, sir, that the inquiry would examine the source and reasons for police spying of the group during the late 1980s.
00:30:08 during the late 1980s. It is to them disappointing to know that these matters have not been comprehensively advanced by the inquiry. Since 1976, Mr. Grower has been a constant voice in the fight against racism and inequality.
00:30:24 racism and inequality. In the early 1980s, he founded, as uh we say, the South and Wanting Group to support victims, challenge injustice, and to hold institutions to account. Through self-organization and solidarity, Mr. Grover and TMG have
00:30:35 solidarity, Mr. Grover and TMG have empowered this community to stand up, to
00:30:46 empowered this community to stand up, to speak out, and to seek justice. From the murder of Gurib Singh Chaga in 1976 to scores of the latest victims of the farright riots last year.
00:30:57 farright riots last year. Their campaigns listed sir in detail in the written submissions that you will have seen have served as independent checks on the power of the state. By uncovering injustice and scrutinizing public bodies, Mr. Grover and TMG have
00:31:12 public bodies, Mr. Grover and TMG have shone a light where the police preferred darkness. Their ethos was and is rooted in the lived experience of the history of black and other oppressed communities in the UK. Communities that have long fought for dignity, equality, and the right to be heard.
00:31:24 right to be heard. In his witness statement, Mr. Grove explains that his support for Dorian and Neville Lawrence was unconditional. He worked for the family helping to
00:31:38 He worked for the family helping to build their campaign without seeking any personal benefit. He became involved with the Lawrence family in 1993, supporting their private prosecution against Steven's killers and coordinating public messaging through TMG's resources. His role was central
00:31:53 TMG's resources. His role was central throughout the court proceedings, the inquest hearing in 97 and the public inquiry in 1998, helping to advance the family's objectives. And yet, while the police covertly
00:32:04 And yet, while the police covertly focused its attention on individuals like Mr. Grover campaigners for justice. They repeatedly failed to confront the genuine threats that were growing in plain sight.
00:32:18 plain sight. And so during the same period, the far right was on the rise. Groups such as the National Front, National Front and the British National Party, the BNP fueled serious disorder and racially motive violence across Britain.
00:32:32 motive violence across Britain. Incidents like the battle of Luchium in 77,
00:32:36 77, their peaches killing in 79, mass arrest in Southall, violent confrontations around BNP activity in Wedding in 93 and Oldm in 2001, and of course, David Copelan's
00:32:46 Copelan's nail bomb campaign in 1999 exposed the catastrophic cost of failing to monitor farright extremism.
00:32:58 farright extremism. So, the contrast is stark. Those working to protect communities were watched, monitored, and maligned, while those intent on harming them were ignored. Recent incidents only reinforced this stark contrast.
00:33:15 stark contrast. In 2024, a police risk assessment was found to have downplayed the threat posed by far-right groups while prioritizing surveillance and control of environmental and pro Palestinian protests
00:33:24 protests across the country. In 2025, large farright marches led to serious clashes and disorder. Yet these movements were met with far less scrutiny and far less police surveillance.
00:33:35 police surveillance. It is sir a pattern that speaks volumes. Those seeking to challenge injustice are too often treated as a problem. Whilst those spreading hatred and violence are
00:33:48 those spreading hatred and violence are not treated as a threat, they truly are. So it's now established through the disclosure that Mr. Grover and TMG were subjected to surveillance, suspicion, violence and attempts to cail their
00:34:00 violence and attempts to cail their influence rather than being recognized as legitimate campaigners for justice and equality. That being said, the MPS opening statement on Monday, only now and far
00:34:12 statement on Monday, only now and far too late, recognizes that comp community campaigning and family justice groups quote were engaged in legitimate activities, including seeking to hold the MPS accountable and that although they were on occasions involved in
00:34:23 they were on occasions involved in public protests, they were not engaged in the type of serious criminal or subversive activity that could justify long-term undercover deployments." End quote.
00:34:34 quote. Despite this belated acknowledgement, there is sir not a single word of an apology from the MPS to Mr. Grover or his colleagues at TMG. What the police have not however acknowledged was that this was not
00:34:47 acknowledged was that this was not collateral surveillance but direct targeted surveillance. How could it be anything but given the long history of surveillance of Mr. Grover and the organization he founded? The MPS also now recognized that their
00:35:01 The MPS also now recognized that their efforts and resources should have been quote spent on using non-intrusive methods to engage more with community forums, properly resourcing the presentation, prevention and investigation of racist violence and repairing the relationship between the
00:35:15 repairing the relationship between the police and minority ethnic communities. End quote. That's precisely what Mr. Grover has been advocating for decades. In this context though, Mr. Grover urges you this inquiry to find that this
00:35:34 you this inquiry to find that this pattern of unequal enforcement, this persistent focus on black activists while minimizing far-right threats reveals something deeper and more troubling and sinister. This expose a policing culture that too often views those who stand against racism as more
00:35:45 those who stand against racism as more threatening than the disorder they seek to prevent. This imbalance, this distortion of priority strikes the very heart of policing by consent and is precisely what this inquiry must in front.
00:36:01 front. Mr. Grover further submits the inquiry's failure to condemn police strategies targeting left aligned groups who supported black communities while overlooking the threat posed by farright and fascist organizations
00:36:12 and fascist organizations reflects a culture of racism that goes beyond the police force.
00:36:23 beyond the police force. Although Mr. Grover's activism has been longstanding and publicly visible, the disclosure provided by this inquiry begins only in 1998, leaving unexamined decades of surveillance that had undoubtedly occurred well before then, as we have already observed.
00:36:38 already observed. For example, a report to the special branch dated 10th of September 1998 describes Mr. Grover as having a checkered past. The same report goes on to analyze his role in the Steven Lawrence family campaign and even
00:36:49 Lawrence family campaign and even suggest he risks losing support amongst his quote Assian power base end quote. This pattern of reporting demonstrates that officers knew of Mr. Grover's past and were monitoring these lawful
00:37:06 and were monitoring these lawful activism outside of the Steven Lawrence family campaign. And naturally, so Mr. Grover wants to understand how these opinions were formed and what intelligence what were they based on. In any event, uh, the surveillance persisted. Mr. Grover recalls, for instance, being contacted by MI5
00:37:20 instance, being contacted by MI5 operatives following the London bombings in 2005, a moment that signaled the continuation of police munching of his work with so-called suspect communities. He describes meetings with senior
00:37:32 He describes meetings with senior officers who refer to intimate details of his personal life, details that could only have been obtained through intrusive surveillance.
00:37:43 intrusive surveillance. These experiences left Mr. Grover in no doubt that his lawful campaigning and community work were being treated not as contributions to public safety but as matters of state suspicion. As the inquiry is aware, Mr. Grover and
00:37:55 As the inquiry is aware, Mr. Grover and TMG were coordinating the campaigns for the families of Blair Peach, Ricky Real, and Michael Manson, all of whom are involved in this inquiry.
00:38:06 involved in this inquiry. Mr. Grover has learned that some of the information disclosed to those families contains meet contains meetings or events where he was present. Yet this information has not been disclosed to him.
00:38:25 him. So the inquiry we submit must not only address these concern but also ensure that any relevant information is disclosed to Mr. Grover and the monitoring group going forward. So as council's inquiry has rightly glo rightly acknowledged on Monday
00:38:38 rightly acknowledged on Monday in quotes in tri the issue of race will be particularly prominent end quote but racism is not merely an historical or abstract concern for Mr. bro and the
00:38:56 or abstract concern for Mr. bro and the wonder group. It is central to the very purpose and methodology of their work. Their work recognized that black community black communities are disproportionately affected by institutional failings and addressing racism is essential for justice campaigns and effective activism. Mr. Grover and TMG have expressed
00:39:08 Mr. Grover and TMG have expressed frustration at how the issue of racism has been totally dismissed or made invisible by this inquiry and they urge the adoption of the McFersonen
00:39:22 the adoption of the McFersonen definition of institutional racism which is well documented and requires no repetition here. I'm sure you're familiar with it. Mr. Grover has also seen evidence that HN81 David Hagen claims that he was trained to focus on ethnicity. The authorization for his deployment
00:39:34 authorization for his deployment explicitly references racially motive crime as a target. This demonstrates that racialization was built into the framework itself, even if individual officers claimed to act neutrally.
00:39:49 officers claimed to act neutrally. Senior management within SDS and the home office failed to assess either proportionality or accuracy. Authorizations were based on broad racially charged grounds with no
00:40:02 racially charged grounds with no corrective action to identify errors. This is not a series of isolating mistakes. It reflects systemic deficiencies. The surveillance of black justice campaigns underlies that racism was central to covert operations under review. And so we submit that the inquiry findings must reflect this
00:40:16 inquiry findings must reflect this reality rather than accepting claims of neutrality. Remarkably, the terms of reference do not set out a methodology for assessing whether covert policing units were affected by institutional or systemic racism.
00:40:31 racism. That emission matters for Mr. Grover and TMG. Because if as council inquire states that race is to be a prominent issue in TR 3, then the methodology for addressing it should be open, structured, and informed.
00:40:44 structured, and informed. Without that there is a serious risk the inquiry will fail to recognize structural and systemic racial bias in surveillance and intelligence reporting. So this inquiry can make a difference. The difference on this critical issue
00:41:00 The difference on this critical issue from the disclosure are now aware of the police reasoning for police spying on the family campaigns and its chilling impact on those directly affected.
00:41:11 impact on those directly affected. We Mr. Grover and TMG submit that these actions were a deliberate act of smearing and sabotaging justice and family campaigns. In these circumstances, Sir William McFersonen
00:41:24 circumstances, Sir William McFersonen and his advisers in the Lawrence inquiry would not have placed any emphasis on the unwitting mode in defining institutional racism. The police, we suggest, acted in a deliberately racist manner and their spying was deeply immersed in this culture. In this sense,
00:41:43 immersed in this culture. In this sense, it is the police force as an institution that is dysfunctional and not just the STS.
00:41:45 STS. Accordingly, sir, on the issue of racism, this inquiry, we submit must find first that institutional racism was entrenched in the authorization,
00:41:56 entrenched in the authorization, management, and oversight of undercover policing operations. Second, that the failure to scrutinize racial thinking in surveillance constituted a continuation of that institutional failure.
00:42:08 institutional failure. And third, that the inquiry's final report must adopt explicitly and unequivocally the McFersonen definition of institutional racism and assess all evidence presented against it.
00:42:19 evidence presented against it. Anything lesser would be a further denial of truth for those whose lives were so damaged by racially motive surveillance. Moreover, and finally for TMG, Mr. Grover, the inquiry must
00:42:33 for TMG, Mr. Grover, the inquiry must confirm whether they, Mr. Grover and the Montre group have continued to be under surveillance under surveillance despite the demise of the STS.
00:42:46 the demise of the STS. Sir, I then move on to opening statement for on behalf of the blacklist support group.
00:42:52 group. Um before you do, um may I uh attempt to ensure that we are um at IDM about the McFersonen definition of institutional racism. Um in the report that I have read it was defined in these words. The
00:43:08 read it was defined in these words. The collective failure of an organization to provide an appropriate and professional service to people because of their color, culture or ethnic origin. Are we speaking about the same thing? We are indeed sir and the unwitting aspect is to um is to be deprecated as
00:43:22 aspect is to um is to be deprecated as far as these proceedings are concerned and this inquir is concerned. That's a point that we seek to make. It isn't a question of that this was unwitting.
00:43:34 question of that this was unwitting. This was in Mr. Grover and the TMG's view direct racial direct racism targeted against family campaigns and justice campaigns.
00:43:47 justice campaigns. If I can appreciate that that is a a point of view which plainly I have to investigate. Um but I don't at the moment see how the McFersonen definition
00:43:59 moment see how the McFersonen definition of institutional racism which deals with uh the provision of a appropriate professional service can easily cover uh an organization such as the SDS which was not providing a service to people uh other than the
00:44:17 service to people uh other than the public generally in their view but was investigating and reporting on activities. So in the brief moment I have I think the the way to look at it is to look at the decisions that were made the
00:44:28 the decisions that were made the authorizations that were made the um aims objectives and all the others whether they were those decisions were made
00:44:41 made knowing or believing that they would uh disproportionately impact upon black communities. That's the way that institutional racism works. It is about not necessarily identifying overt racist language, overt racist conduct, but the structure which was set up which
00:44:55 structure which was set up which disproportionately affected black individuals, black family campaigns. That is the way that institutional racism operates. So it's not about identifying specific uh acts of racism, but looking at the
00:45:07 acts of racism, but looking at the overall structure and ascertaining whether that provided a disproportionate service to black communities. Forgive me for interrupting you and um please continue.
00:45:18 please continue. Um I I
00:45:23 Um I I I'd welcome any exchange on this and but I have I'm limited by time, sir. I I'm aware of it and uh your time will be extended by the time that I have taken to interrupt you. Um, Blacklist Support Group is a justice campaign set up by union members
00:45:35 campaign set up by union members victimized by construction companies after the exposure of the consulting association blacklist in 2009. Whilst the police have publicly acknowledged their wrongdoing and
00:45:47 acknowledged their wrongdoing and apologized to court participants in some areas under investigation by this inquiry, the spying on trade unions and blacklisting itself remains highly contested by the Blackbeard support group. Despite evidence to the contrary,
00:46:02 group. Despite evidence to the contrary, please talked out and in some cases deny that blacklisting of activists took place. BSU challenged the police narrative on this issue. BSG viewed their participation inquiry as an opportunity to place into the public domain evidence of industrial scale
00:46:15 domain evidence of industrial scale blacklisting of trade union and leftwing activists by the British state. Undercover police officers infiltrated and spied on trade unions. SCS officers reported on union meetings, union activists, union campaigns, and
00:46:26 activists, union campaigns, and industrial disputes. Intelligence reports were added to special branch registry files to the national domestic extre extremism database and were forwarded to MI5 via Box 500.
00:46:40 forwarded to MI5 via Box 500. through official and unofficial roots. Police intelligence including from STS undercover deployment was disseminated to government departments, major private sector employers and the unlawful
00:46:53 sector employers and the unlawful blacklisting bodies, the economic league and the consulting association. So this is no longer a conjecture by union activists but instead a fact evidenced by multiple documents disclosed by its inquiry and
00:47:06 disclosed by its inquiry and acknowledged by operation reubin which was the sub investigation within operation h the police's own internal investigation into state involvement in blacklisting concluded quote police including special branches and the
00:47:18 including special branches and the security service supplied information to the blacklist funded by the country's major construction firms the consulting association and other agencies is operation finds this allegation is proven. Special branches throughout the
00:47:33 proven. Special branches throughout the UK had direct contact with the economic league, public authorities, private industry and trade unions. So the question for this inquiry is not is is us not whether undercover police
00:47:44 us not whether undercover police intelligence was used to deny citizens employment because of their activism activism but but were were the mechanism and what was the extent of UK state involvement in blacklisting?
00:47:57 blacklisting? The inquiry has promised to thoroughly investigate spying on trade units and blacklisting. As doing the inquiry will hear our witness evidence from undercover SDS officers Peter Francis, Mark Jenn and Carlo Sarra, all of whom
00:48:14 Mark Jenn and Carlo Sarra, all of whom reported on perfectly lawful trade union activity. These three officers alone compiled reports on members of the construction unions UKAT, TGWU, NUJ, RMT, FPU, NUT, Unison, PCS and others. They reported on internal union
00:48:26 They reported on internal union elections and internal union factions. And as example of this reporting, Peter Francis said, quote, "In any political
00:48:37 Francis said, quote, "In any political grouping, I would expect the members of trade unions to have a political file. The subversive activity I witnessed firstly was the positioning of members into unions in an attempt to organize more industrial unrest.
00:48:54 more industrial unrest. But all the industrial disputes cited in TR 3 STS reports are everyday examples of industrial action to save jobs or recover unpaid wages. While these will have undoubtedly impacted the economy, they could never be equated with attempts at sabotage or overthrowing parliamentary democracy.
00:49:06 overthrowing parliamentary democracy. Why these disputes or financial appeals printed by striking brick layers or rank and file union publications demanding better safety on building sites would be
00:49:21 better safety on building sites would be of interest to STS in their covert fight against subversion is unfathomable. And this, of course, gathering intelligence on Union activists was always an implied part of any STS deployment.
00:49:33 deployment. And BSG hopes and anticipates that Trans Street will investigate why so much information about trade union activism was recorded, why so many unions have their own special branch regry files, and why these files have not been disclosed even to NUM, FU, FBU and
00:49:49 disclosed even to NUM, FU, FBU and Unite, all of whom are core participants in this inquiry. BSG hopes and anticipates that the inquiry will question mark Jenner about joining and spying on members of the construction union UKAT and question him
00:50:07 construction union UKAT and question him about the leading role he played in rank and file union campaigns. For example, the building work group, the Brian Higgins defense campaign and the building worker safety campaign. It is hoped and anticipated the inquiry will question him as to why he used his position to send letters to various
00:50:18 position to send letters to various trade unions and branches and why in 1995 he reported on a minor industrial dispute in the London B suburb involving UKAT and BWG activist John Jones.
00:50:31 UKAT and BWG activist John Jones. BSG expect inquiry to ask why he failed to mention in his report and and in his witness statement that while on the sub picket line he distributed flyers
00:50:43 picket line he distributed flyers calling for the elected union convenor to be sacked. BSG hopes and expects inquiry will question Carlo Sarra about the accusation that he incites a group of union
00:50:54 that he incites a group of union anti-racist activists to petrol bomb a charity shop that he claimed was owned by an Italian fascist including driving the activist in advance to investigate
00:51:06 the activist in advance to investigate the premises and why these discussions do not appear on any reports he filed during his deployment. The BSG hope Sarra is questioned about why he chose to live in the house of Steve Hedley who was the former assistant general secretary of the RMT
00:51:22 assistant general secretary of the RMT union and why he attended a picket line when Mr. Hedley was dismissed from the CTRL construction project. So a central issue BSG court participants invite you to investigate is the relationship the close
00:51:36 is the relationship the close relationship between the police and business that were engaged in blacklisting. The task of dissemination of intelligence to industry was carried out by multiple police units outside of the SDS, special branch C squad, MPS
00:51:47 SDS, special branch C squad, MPS industrial section, neck 2, national domestic extremism database, met police SO5, operation fairway and MI5 and the government body UK security are all
00:52:05 government body UK security are all government agency heavily involved in supporting industry with vetting job applicants. A full investigation of police collusion in blacklisting will require the inquiry to thoroughly investigate what happened to intelligence gathered by SDS and the NPIU once it left the STS.
00:52:19 NPIU once it left the STS. The sharing of intelligence about activists by MI5 and special branch with government departments has been accepted by numerous state witnesses in the
00:52:33 by numerous state witnesses in the inquiry. Yet the police remain reticent about acknowledge acknowledging that private companies were also rep recipients of intelligence. Peter Francis though has been prepared to be
00:52:45 Francis though has been prepared to be candid and he quotes he he says quote it was my understanding that our intelligence was used to cail subversive activity in the wider public that might be through reducing the opportunity for subversive elements through employment
00:52:59 subversive elements through employment checks i.e. vetting, blacklisting. For example, the civil service, BBC and certain companies had a direct line of communication with special branch for vetting purposes that prevented subversives getting into or achieving high positions with their within their organizations.
00:53:13 organizations. This was referred to as list X companies in special branch the special branch files and the intelligence we updated within those files were used. End quote. The blackness file of Frank Smith, a core participant who will be giving
00:53:27 core participant who will be giving evidence states to the brick layer union of activists was quote known as a leftwing activist since the mid1 1980s and quote under constant watch end quote. Peter France admits that he
00:53:39 quote. Peter France admits that he provided intelligence about Mr. Smith and the likely use it was to be put. He says this quote, "I understood that both special branch and the security services would want the intelligence
00:53:52 services would want the intelligence about Frank Smith agitating. I was aware from my time in special branch that we had contacts within the building trade who were likely to want to know that he was an agitator and that it was likely that information would be passed on. So for decades the British state
00:54:04 So for decades the British state provided a vetting service for the so-called list X companies. The names those companies remain unpublished by which a senior manager lies with UK security vetting UK SV. This is the
00:54:17 security vetting UK SV. This is the government department that carries out the state sanctioned vetting process or directly with another arm of the state to obtain security clearance for their employees and subcontractors.
00:54:30 employees and subcontractors. UK SV security vetting involves quote a check of security service records end quote. These MI5 records, special branch registry files, and most likely the national domestic extremism database
00:54:41 national domestic extremism database were used in the UK SV checks for almost all of the year, all of the near 200,000 security checks annually. This affects hundreds of thousands of people, not
00:54:57 hundreds of thousands of people, not just a few hundred CPS in this inquiry. While the UKSV does check applicants qualifications, criminal convictions and work visas, there is also an explicit political aspect to vetting.
00:55:12 political aspect to vetting. In 1994, uh John Major told Parliament, quote, "No one should be employed in connection with the with work the nature of which is vital to the interests of the state who is or has been involved in or associated with any of the following activities. actions intended to
00:55:25 activities. actions intended to overthrow or undermine parliamentary democracy by political, industrial, or violent means or is or has recently been a member of any organization which has
00:55:38 a member of any organization which has advocated such activities or associated with any organization or any of its members. End quote. This is the very same definition of
00:55:49 This is the very same definition of subversion used to justify SDS spying on left-wing trade union and political activists. The inquiry has already concluded that this threshold was met by only three groups by or by STS and the surveillance was not justified. Yet identical
00:56:05 was not justified. Yet identical parameters were used for decades and are still being used by the UK's official vetting procedure to this day. Sir on Monday council inquiry Mr. Bar said this quote the consulting association continued to be involved in
00:56:16 association continued to be involved in blacklisting throughout the tri era. We will continue as we have to date to look for evidence of any links between SDS intelligence and those blacklisted. End quote.
00:56:28 quote. While this sentence may give the impression of a continuation of an indepth investigation, in reality and with respect, sir, the inquiry's examination of blacklisting
00:56:42 inquiry's examination of blacklisting has been to date superficial at best. Not a single word on blacklisting or vetting appeared in the 109 pages of the inquiry's interim report. It is BSG's submission that the inquiry's current approach to the issue
00:56:58 inquiry's current approach to the issue of blacklisting is fundamentally flawed. Reference only to disclose special branch files, Operation Reuben, and questioning of a handful of ex undercover officers and their managers
00:57:12 undercover officers and their managers about blacklist will result in findings that are almost entirely reliant on a tiny number of blacklist files and a narrow cohort of state actors. Any conclusions based on extrapolating
00:57:23 Any conclusions based on extrapolating from fragmentaryary documentary evidence and the failing memories of a small number of police officers will be entirely insufficient. So the failure to fully investigate blacklisting is either a remarkable lack of curiosity or an
00:57:35 a remarkable lack of curiosity or an intentional self-imposed restriction of the inquiry's terms of reference. Either way, sir, it is against we submit the public interest in our submission is a failure to fulfill the inquiry's terms of references laid out by parliament.
00:57:51 of references laid out by parliament. And finally, sir, in relation to BSG, in Sep in September this year, you ruled that while multiple police witnesses are invited to provide live evidence and answer questions on blacklisting
00:58:02 answer questions on blacklisting as a blacklisted activist and secretary of the blacklist support group, Dave Smith, uh, who we represent, would not be allowed to give oral evidence. This
00:58:13 be allowed to give oral evidence. This we submit seems indic indicative to BSG of the differing attitude towards the value of evidence from police and state witnesses as compared to the evidence of activists. In correspondence with the inquiry, your team accepted that not a single word on blacklisting appeared in
00:58:28 single word on blacklisting appeared in the inquiries report as we have said but noted this that blacklisting quote may be addressed in future interim reports or only in the final report of this inquiry which we published after all evidence has concluded. Therefore,
00:58:41 evidence has concluded. Therefore, criticism of the chair's decision making is misplaced. As you know sir, Mr. Smith has initiated judicial review proceedings and therefore Blacklist
00:58:52 therefore Blacklist group will reserve its judgment about the inquiry and whether it holds any faith in the investigation until the conclusion of the inquiry hearings.
00:59:03 conclusion of the inquiry hearings. So that completes the submissions on behalf of BSG. I I move on then please to barriers to ignorance.
00:59:18 The Metropolit is u broken and rotten suffering collapse collapsing public trust and is guilty of institutional racism misogyny and homophobia. That was the conclusion of the case report in 2023.
00:59:30 report in 2023. Despite this deming finding the commissioner Sir Mark Roelly refused to accept this conclusion. Having vowed to clean up the Met on the 1st of October, 2025,
00:59:40 2025, the BBC Panorama program aired undercover footage displaying toxic behavior by police officers at a central London police station. One officer, whilst off duty, referred to an
00:59:53 whilst off duty, referred to an immigrant who had overstayed his visa by saying, quote, "Either put a bullet through his head or deport him. And the ones that shag women, rape women, you do the and let them bleed out." End quote.
01:00:05 quote. Asked to respond to the incident, the commissioner again refused to accept that the BBC's undercover filming showed that the MPS was institutionally racist and misogynist and refused to resign.
01:00:18 and misogynist and refused to resign. When Steven Lawrence was murdered in 93 and the MPS was found to be institutional racist, the then commissioner Paul Condon, now Baron Condon, having been made a life peer in 2001, he also refused to accept
01:00:29 2001, he also refused to accept institutional racism or indeed resign. In Baron Baron Lawrence's view, we have come full circle with history repeating itself.
01:00:40 itself. In the T1 opening statement, Baroness Lawrence set out a number of fundamental questions that demanded answers from this inquiry. She is bitterly disappointed that it's taken some 5 years since then and 10
01:00:53 taken some 5 years since then and 10 years since inquir set up. And yet many of those questions remain unanswered. And whilst prime responsibility for this falls on the MPS, some fall lies with
01:01:06 falls on the MPS, some fall lies with the inquiry and its decisions which have in her view favored secrecy over public accountability. many indeed key police officers such as HN81 Hagen and HN86 who should who
01:01:18 HN81 Hagen and HN86 who should who should be require required to face the full glare of public scrutiny and who she wants to confront as she did the officers at the first inquiry will be able to hide in cowardly fashion behind anonymity not appear at all or most
01:01:35 anonymity not appear at all or most shameful of all as we've heard on Monday take the inquiry to court for trying to force them to give evidence This is in her view utterly disgraceful. When Steven lost his life at the hands
01:01:47 When Steven lost his life at the hands of murderous thugs in April 93, it led to her becoming divorced from her husband
01:01:50 husband who she'd been married for to for over 20 years. It led to her suffering extraordinary painful mental ill health. It led to her other two children not
01:02:01 It led to her other two children not being able to enjoy their childhood as they should have done. It led to her having to fight for decades to get justice and thereby losing her privacy which is so dear to her. Baris Lawrence never wanted the attention or the
01:02:12 never wanted the attention or the publicity but she was forced to do this. It led to her being harassed and vilified by certain members of society who applauded those who killed her son and shared their vile views so that she
01:02:24 and shared their vile views so that she has been and is constantly looking over her shoulder. She has constantly feared for her safety and that of her children and grandchildren. So much so that she had to move house constantly.
01:02:39 to move house constantly. So she asks, "How can this possibly be fair or allowed to happen during an inquiry set up for and intended to provide justice and redress for the victims?
01:02:47 victims? Despite this, what Baron Lawrence has now discovered is that during the course of her grief, she was quite undeservedly and unlawfully spied upon by those meant to serve and protect her, and that this
01:03:00 to serve and protect her, and that this was not only sanctioned, but rewarded by those at the top. So shortly after the announcement of the inquiry by the then home secretary
01:03:11 inquiry by the then home secretary Theresa May, a previous home secretary who was imposed at the time of these events keenly sought out Baroness Lawrence and was at pains to assure her that they were not involved and had nothing to do with the activities alleged.
01:03:24 alleged. It will be in due course a matter for Baroness Lawrence as to whether she names the individual concerned when she gives evidence. And at this stage she does question why such an assurance by that person was Nester before any
01:03:36 that person was Nester before any disclosure was made or any evidence heard. But more significantly confirmed to her that the home secretary of the day was involved in the matters under
01:03:51 day was involved in the matters under investigation at this inquiry. What she requires that all material relevant to why she was spied on for how long and who precisely gave the orders to do it and what was made of the information obtained should be disclosed to her and made known to the public. And more
01:04:04 made known to the public. And more importantly, those responsible, whether police officers of any rank or politicians holding any position of state should be held accountable.
01:04:14 Whilst it has been always been clear to the black community that racism exists in society and that it infects the very art of our institutions, Baroness Lawrence remains convinced that
01:04:25 Baroness Lawrence remains convinced that this inquiry has failed to grasp this at all.
01:04:27 all. So the history of the UK is clear. Black people have been subjected to centuries of slavery, decades of secondass citizenship, widespread legal discrimination, economic persecution,
01:04:41 discrimination, economic persecution, educational deprivation, and cultural stigmatization. Black people have been bought, sold, killed, beaten, raped, excluded,
01:04:52 killed, beaten, raped, excluded, exploited, shamed, and scorned for a very long time. The word racome is hardly an adequate description of that experience. And that experience continues to this day. It was no
01:05:04 continues to this day. It was no different in 93 when Steven was killed. He was one in a line of many who were
01:05:12 He was one in a line of many who were murdered at a time when Southeast London was dubbed the racist murder capital of the country. It's no wonder then that when Steven was murdered, the police failed to investigate. Baroness Lawrence and her family made their crime known to the public that the police considered them,
01:05:23 them, the Lawrence family, to be the problem. She and her husband felt that they were
01:05:34 She and her husband felt that they were treated by the police as quote gullible simpleters end quote fobbed off and patronized by police officers. She articulated then a sense that the police viewed black people universally as criminals and that encountering a black family with no criminal background was to them an alien concept. This led to
01:05:47 to them an alien concept. This led to her and her family feeling they were not treated as victims but rather as if they were themselves on trial. And so such public criticism did not go unheeded. Most notable was the shameful memo to
01:06:00 Most notable was the shameful memo to Commissioner Paul Condon in September 1993 from Deputy Assistant Commissioner David Oslam and he wrote this quote, "Our patience is wearing thin on three
01:06:12 "Our patience is wearing thin on three areas, Southeast London, not only with the Lawrence family and their representatives, but also with self-appointed public and media commentators. There is no doubt sir that there was concern at the highest level of the
01:06:24 concern at the highest level of the police that Baroness Lawrence and her family were a problem. The fact that the Lawrence family presented a problem to the police is recorded for by Peter Francis. But it wasn't just a public
01:06:35 Francis. But it wasn't just a public christen that made Barrett Lawrence a direct target of intrusive surveillance. And so this perhaps addresses the point that I was trying to make earlier. As a
01:06:46 that I was trying to make earlier. As a consequence of the institutional racism identified by William McFersonen, Baroness Lawrence and her family were not viewed and treated as victims. As already stated, they were viewed and
01:06:57 already stated, they were viewed and treated as the other as outsiders, not deserving of justice and treated accordingly. And so just um digressing briefly, it's that process of institutional racism where the structures are set up such that people like Baroness Lawrence are treated as
01:07:08 like Baroness Lawrence are treated as others and outsiders and not deserving of justice which is key to understanding how institutional racism works. Baroness Lawrence considers that it's not only appetite but necessary
01:07:20 not only appetite but necessary essential for the inquiry during this trial to examine whether those murders including that of Stevens could have been prevented if the Met police had
01:07:31 been prevented if the Met police had devoted as much time money and energy into the far right in the area in Southeast London as it did in her case. If undercover policing had been properly directed at racist gangs and farright
01:07:43 directed at racist gangs and farright groups which existed during the period of the BNP's prominence itself, could she wonders could the murder of Steven Lawrence and other race attacks have been prevented?
01:07:58 been prevented? The inquiry has heard submissions this week from the MPS that information obtained by them was a result of collateral intelligence gathering. So this position is both untenable and unbelievable. For the following reasons, Baron Ron submits that this position
01:08:10 Baron Ron submits that this position must not be accepted and the inquiry ought instead to make a positive finding that she was specifically subjected surveillance. First, as set out, the
01:08:21 surveillance. First, as set out, the institutional racism within the police at the time, which must have infected the STS meant that Baroness Lawrence was directly targeted. Secondly, the police had a motive to
01:08:34 Secondly, the police had a motive to seek information to counter the public criticism being made of her. Thirdly, Peter France account that Baron was directly targeted precisely fits the above narrative. And fourth, given the involvement of the home office, the
01:08:46 involvement of the home office, the commissioner and the sec seniority of officers involved and the hierarchal nature of the MPS, the assertion by officers like HN81 that he in effect followed orders confirms that surveillance was not collateral but
01:08:57 surveillance was not collateral but directed from the very top. And finally, it is an incontrovertible fact that there was indeed direct surveillance during the McFirst inquiry by the MPs which supports the fact that it had been happening or not. And so we have set
01:09:09 happening or not. And so we have set this out in a bit more detail in our written submission written submissions. But Baron deprecates the fact that some officers many years later and it's particularly in relation to interviews by Ellison who sought to justify their
01:09:21 by Ellison who sought to justify their actions of Senzel have asserted that it was done to somehow protect her and her family from leftwing or anarchist groups and this displayed a form of racism known as the white savior complex which
01:09:33 known as the white savior complex which I set out in our uh written submission. It's which seeks to control a narrative that was and is deeply damaging to its reputation. The inquiry we submit should reject it out of hand. Most egregiously
01:09:50 reject it out of hand. Most egregiously as far is concerned is that not only did she not require so-called protection from the Met, but that the same organization which was reporting to her sister was in fact breaching her privacy and acting unlawfully. And this betrayal is compounded by the fact that the Met was not only was not the only
01:10:04 was not only was not the only organization that was invading her much guarded privacy. In January 22, as a result of information from Prince Harry, the Duke of Sussex, Baronis Ranch became aware for the first time that she had been the subject of unlawful information
01:10:18 been the subject of unlawful information gathering known as UIG. This was through the use of private investigators by the Daily Mail newspaper. Baron Baron Lawrence believes, and there's yet to be a trial on this, the police officers, some of whom were involved in the
01:10:30 some of whom were involved in the investigation into her son's murder, were involved in that process. To put it crudely, sir, she was spied on by the police and she was spied on by the press.
01:10:43 It should be noted that Baron has received countless apologies, too numerous to mention here from various officers of different ranks of the Met Police, including belatedly one on Monday.
01:10:53 Monday. On hearing this this apology, Baron asked me to write to Sir Mark Rowley, and I did. The letter I sent reads as follows. Quote, "Yesterday, your
01:11:04 follows. Quote, "Yesterday, your council, Mr. Skeleton Casey, admitted that your officer's survey of her and her family during the worst periods of her grief was unnecessary, unjustified, and wholly indefensible, and he apologized to her."
01:11:18 apologized to her." It must have been readily known to you and your predecessors that this appalling conduct was taking place for a very long time, and yet no commissioner, nor you, or anyone in the hierarchy of the Met Police, had the decency or
01:11:30 the Met Police, had the decency or courtesy of personally apologizing to her.
01:11:32 her. Baris Lawrence asked, "Why was it that when this conduct became known, or when the inquiry was set up 10 years ago, or when your lawyers decided that there was
01:11:44 when your lawyers decided that there was no justification or excuse for what your officer did that no one in the MPS thought it right or proper to let Baroness Lawrence know?" Why did she have to wait to hear hear it from a lawyer over YouTube? If the conduct of the SDS officers was indefensible and
01:11:56 the SDS officers was indefensible and insensitive, so has the approach of the ambience during this inquiry by failing to let her know or apologizing for it. And sir, literally within minutes of uh
01:12:10 And sir, literally within minutes of uh my submissions, I received a letter from uh John Savile, Deputy Assistant Commissioner Special Operations, who's writing the absence of Zamar, who says that it was felt that a full and personal apology would be premature
01:12:22 personal apology would be premature before the evidence is fully heard. However, this should not have prevented us from being clearer about our intentions and stating that he is truly sorry and that we're committed to
01:12:33 sorry and that we're committed to learning from this and continuing our efforts to build re rebuild trust. Uh and so Baron is grateful for that, but it is far too late.
01:12:44 it is far too late. In the meantime, like all other apologies she has received, Mundy's apology arose not through any voluntary act of contrition, but after the offending conduct had been found out. To
01:12:57 offending conduct had been found out. To that extent, Baron Strongs considers the apology not worth the paper it is written on. It was and has been made for the Met Police's own selfish purpose and without any meaningful remorse. So just a week ago, Baron Lawrence uh
01:13:12 So just a week ago, Baron Lawrence uh and I had to painfully relive the brutal murder of her son through the mouth of one of the men who killed him. This man who Baroness Lawrence refused to name was shamelessly seeking to pull the wool over the eyes of the pole board by
01:13:25 over the eyes of the pole board by saying he was no longer a racist and was sorry for what he did. Neither of these statements could be further from the truth. He was a coward
01:13:40 further from the truth. He was a coward for refusing to show his face and he was a liar for not revealing what he really did on the day Steven died. And so as offensive as this may sound, what Baroness Lawrence saw and heard last week at the pearl board has echoes of what she has repeatedly heard from the
01:13:53 what she has repeatedly heard from the Met police, but they're no longer racist and only spied on her accidentally. Baroness doesn't believe a word of it. The apology by the MEP through their council on Monday was insensitive,
01:14:04 council on Monday was insensitive, impersonal, devoid of contrition and Baroness Lawrence roundly rejects it. You sir will be faced during this
01:14:16 You sir will be faced during this inquiry with the task and this tri of determining the truth including as between various officers accounts most significantly Peter Francis knows the seek to undermine him. Baroness Lawrence remains appalled by the admitted
01:14:33 remains appalled by the admitted egregious and unlawful conduct of Peter Francis. And while she commends his change of heart and admission of wrongdoing and urges others who are to give evidence to follow, she found the opening statement by his council jarring in the extreme.
01:14:47 in the extreme. She heard little of his empathy and understanding of the undoubted longlasting impact of his conduct on those he spied on and much much more about the impact on him.
01:15:00 about the impact on him. And Baroness Lawrence sees a pattern in this inquiry with police officer after police officer seeking and getting protection from the inquiry because of their so-called ill health and/or harm to them whilst the core participants like her do not.
01:15:18 like her do not. What kind of topsyturvy inquiry is this? asked Baron Rance where the perpetrator police officers are treated as the victims.
01:15:20 victims. It is not an ex exaggeration to suggest that Baron Rance has been deeply deeply affected by all that has happened to her since the murder of her son. She lost
01:15:32 since the murder of her son. She lost her son. She lost her husband. She lost her privacy. She lost the future she should have had. And only last week, she was having to hear more lies and fantasy from one of her son's murderers.
01:15:43 from one of her son's murderers. She has been failed repeatedly by the MPS when they failed to deliver justice for the murder of Steven. Then when they spied on her, and then when they were involved with the press in doing the
01:15:56 involved with the press in doing the same. She's been failed by the press who outwardly supported her by publishing sensational headlines at the same time as spying on her. She's been failed by the OPC and the CPS in not taking action against officers who should have been
01:16:10 against officers who should have been charged andor disciplined. She's fed up with these failures. During all of this, she has had to fight. Fight the police, then fight sections of the press. She is tired of doing so. For once in her life, she
01:16:29 doing so. For once in her life, she wants to believe that she need not fight and that justice will be delivered. And sir, that heavy burden now falls upon you and this inquiry. Thank you. So I move finally to uh opening statement from Michael Manuel uh King's
01:16:44 statement from Michael Manuel uh King's Council and I note the time. Forgive me, but I I may go over and I apologize in advance. I wonder whether you'd be uh kind enough to uh allow me to do so.
01:16:58 kind enough to uh allow me to do so. I already indicated that you could have an extra couple of minutes or so because of uh the interaction between us. Um uh don't worry about a minute or two, please.
01:17:04 please. It might be a bit longer that so given what I've written, but I I'll try my best.
01:17:05 best. Thank you. So these submissions are made on behalf of the so-called devil incarnate also known as Michael Mansfield King's Council. No doubt when SCS officers describe Mr. Mansfield this way, they
01:17:18 describe Mr. Mansfield this way, they must have thought that he might unleash hell and he has done so. He has spent almost 60 years of his professional life doing just that, unleashing hell. He did
01:17:30 doing just that, unleashing hell. He did so not on their behalf, but on behalf of the wrongly convicted, the berved, and those challenging state power. Few lawyers in modern English legal history have matched Mr. Mansfield's impact on society and its citizens. The roll call of cases in which Mr. Mansfield has been involved is as legendary as it is
01:17:47 involved is as legendary as it is inspiring including to me. He is an icon in the true sense of the word and it is genuinely a privilege in making these submissions on his behalf. He is rightly described as a king of human rights worked by the legal 500 and is known as
01:17:58 worked by the legal 500 and is known as the radical lawyer. His career has been characterized by a dedication to representing groups that do not find ready representation, often taking on high-profile and landmark cases. The list of those would take more time than
01:18:11 list of those would take more time than we are allowed, but they are set out in our written submissions and go as far back as the 1970s when representing the angry grade and the Christ sisters and then in the 1990s the family of Steven Lawrence up until his current
01:18:27 Lawrence up until his current involvement in the Omar bombing inquiry. Given the nature of Mr. as cases in the extraordinary long period to being involved in that. It is absurd to think that he only came to be spied upon as part of some sort of collateral targeting. Our submissions are very clear. Mr. Manford was a subject of
01:18:39 clear. Mr. Manford was a subject of direct, sustained and unlawful targeting by state actors, including the SDS for a very long time. His speeches of various event events are recorded in intelligence reports spanning decades.
01:18:53 intelligence reports spanning decades. As Mr. Mansfield noted in his T1 opening statement, whilst he had quote always been alert to the possibility that he would be susceptible to some sort of surveillance, it was still a shock to
01:19:05 surveillance, it was still a shock to discover that it not only involved him, but even more egregiously his clients and their communication. It's clear that Miss Man's professional legal work was such a thorn in the side of the police and the state that successive police forces, secret
01:19:16 successive police forces, secret services, and governments considered him potentially subversive and worthy of monitoring in one form or another. As Peter Francis sets out in his in his inquiring witness statement, he would only record people in intelligence
01:19:28 only record people in intelligence reports who were deemed potentially subversive.
01:19:38 subversive. So we submit that is beyond perverse for the police to label a lawyer engaged in his professional duties in challenging their unlawful acts as subversive and for them to then go on to unlawfully spy on him. It would be laughable if it were not so serious. The gravity of such conduct, whilst of immediate concern to
01:19:53 conduct, whilst of immediate concern to Mr. Mansion personally, of course, pales into insignificance compared to the damage it has caused to his clients and the women who were so cruy traumatized by the STS spies. The fact is that this conduct was not an accidental or
01:20:05 conduct was not an accidental or reckless consequence of undercover policing. It was deliberate and unlawful. The officers of the SDS were fully aware they were spying on a lawyer and they knew in that in doing so they were breaching legal professional privilege confidentiality but they
01:20:17 privilege confidentiality but they carried on nonetheless. Indeed, the product of H81 Hagen's unlawful spying during the Mcfirsten inquiry went to the very top the commissioner and the government. The Met Police unlawful
01:20:33 government. The Met Police unlawful activity was designed to secure them a tactical advantage in the Mcfirsten inquiry at the expense of a brief family's quest for the truth. This clearly demonstrates how institutionalized this illegal activity was. Those responsible need to be held to account. Mr. Mazford adopts
01:20:48 to account. Mr. Mazford adopts wholeheartedly the submissions made by Baroness Lawrence and Suresh Grover rejecting the assertion by some of the state witnesses that they along with him were the consequence of collateral surveillance. For the reason set out by them and in Mr. Manel's written
01:21:00 them and in Mr. Manel's written submission, such an assertion is simply unsustainable. And for the reason set out in Peter Franc's opening statement, his account should be favored on this point. But it's no surprise then to see that there has been a stinging attack on Peter
01:21:13 has been a stinging attack on Peter Francis from the designated lawyers team in their opening statement who boldly assert that Peter France's allegations, they put them are a mixture of fact, fiction, and fantasy. Such the allegations about racism and attempt to
01:21:27 allegations about racism and attempt to smear the Lawrence family are and always were false. Mr. Mansville would venture to suggest that there is a wealth of material available to the inquiry to show that on the contrary, Mr. France allegations about the targeting of the Lawrence family campaign were and are true.
01:21:41 family campaign were and are true. One witness who could in theory shed further light on Mr. France allegations about the targeting of Lawrence family and campaign is obviously HN81.
01:21:52 and campaign is obviously HN81. However, he will not be providing oral testimony if inquiry. The inquiry decision to recuse it is shocking and is
01:22:05 decision to recuse it is shocking and is to be deprecated. H&81's absence from the inquiry undermines a fun fundamental basis for a transparent and accountable public inquiry. Mr. Mansfield's extensive experience at public inquiries bloody Sunday, McFersonen, Hillsbor, Grenford and others is that oral testimony is vital to get to the truth.
01:22:17 testimony is vital to get to the truth. It is says that H81 suffers from mental ill health. Well, so do many of the core participants in all these other inquiries and indeed at this inquiry, including many non-state core
01:22:28 including many non-state core participants, but also Peter Francis. In recusing H&81, the inquiries failed to consider that inquiry is almost
01:22:39 consider that inquiry is almost invariably set up as a result of tragedy with countless victims having suffered unimaginable loss. And yet, in these circumstances, the victims do and will give evidence and are and will be deeply affected by reliving their trauma.
01:22:53 affected by reliving their trauma. HN81 should have been required to give evidence in person. His absence is inexcusable. HN81's written evidence must now be forensically tested and
01:23:05 must now be forensically tested and robustly challenged in the oral evidence of other witnesses. In doing so, the inquiry will have to establish the answers to the many questions set out in
01:23:16 answers to the many questions set out in Mr. Man's written submissions, not least those related decisions about who HN81 was tasked to target and why and who authorized such targeting. We submit that these activities must have been directed, authorized and approved by senior Met officers and also by the home office and even cabinet
01:23:27 by the home office and even cabinet officials. It's disappointing to read that yet again the home office is not meaningfully engaging with the inquiry during this trance. The official home
01:23:38 during this trance. The official home office position is rather convenient. We say they are seemingly appalled by some of the STS activities that took place in this tranch. But, and I quote, "Whilst a home office appears to remain a recipient of indirect STS intelligence,
01:23:55 recipient of indirect STS intelligence, the home office is unaware of any cogent evidence of direct tasking of the S of the STS by the home office. Political accountability is vital in the light of decades of unlawful conduct by those who acted under political control.
01:24:06 those who acted under political control. The unlawful activities identified above were not that of rogue officers were but were part of institutional and state sanctioned conduct. The inquiry cannot
01:24:19 sanctioned conduct. The inquiry cannot repeat the error in recusing H&81 and must call key supervisors, senior officers and politicians in T3P3. State witnesses should be expected to give evidence in the spirit of Psburgh law. All those affected deserve nothing
01:24:32 law. All those affected deserve nothing less. Cander will go some way to ensure public confidence in the police and will provide some sense of closure to those who suffered and are still suffering. Mr. Mansfield though is not optimistic.
01:24:46 Mr. Mansfield though is not optimistic. The opening statements of the designated lawyer team and the commissioner reinforce Mr. Mans's concerns about cander.
01:24:53 cander. While disappointed, Mr. man who is unsurprised by the lack of candid contrition by the NPS and its former offices because as he sees it and as as has been said previously the MPS is an
01:25:07 has been said previously the MPS is an organization that is still rotten to the core. We have seen the MPS publicly condemn racism malpractice and get exposed for these same practices running rife with the organization.
01:25:18 rife with the organization. And so on the 25th of May 2020, George Floyd, a 46-y old black man, died in Minneapolis in the US after a white police officer knelt on his neck for almost 9 minutes. Uh shocking as that was, but within weeks on the 3rd of June, a joint
01:25:34 weeks on the 3rd of June, a joint statement was issued on behalf of chief constipals of the UK forces, the chair of the NPCC, the chief executive, the college of policing, and the president the police super association. Police leaders express their horror the way George Floyd had lost his life and
01:25:49 way George Floyd had lost his life and said that justice accountability should follow. And yet so in the intervening period we've seen numerous scandals envelop the met police. Uh and I'm not going to repeat what I said earlier that we saw shocking footage of the most vile racing
01:26:00 racing cross police station in comments of the commissioner who still refused to accept institutional racism in his force. The commissioner's refusal is not new.
01:26:15 The commissioner's refusal is not new. He's done it since and after the damning conclusions in Baron Baron's cases report.
01:26:18 report. In light of that, what chance then of any of the state witnesses at this inquiry owning up to their misogyny, bigotry, racism, and unlawful contact? And so, it's up to you to ensure that
01:26:29 And so, it's up to you to ensure that they do. So, William McFersonen made the seismic finding that the MPS walls institution racism may propose for landmark changes. Mr. mouse was of view that you too chair will on the clear evidence disclosed
01:26:44 will on the clear evidence disclosed similly reach the conclusion that the unlawful conduct of the Met police necessitates robust far-reaching findings and recommendations including those related to Met's egregious disregard of legal principles and the protection of lawyers and their clients who go about their professional
01:27:00 who go about their professional business. That is so because lawyers and judges and the rule of law are under an enormous threat. Mr. Mansfield made reference to this in his T1 uh opening statement. Since then, sir, and you will have seen and read, we've had greater
01:27:13 have seen and read, we've had greater attacks on lawyers and the rule of law, both internationally and domestically. This is not a new phenomenon. But what is new is that this practice is proliferating in so-called democratic states.
01:27:24 states. One only has to look across Atlantic to the US, the purported leader of the free world, to see populist leaders practicing authoritarianism in a
01:27:35 practicing authoritarianism in a democratic context. Since taking office, Donald Trump and his government have placed restrictions on some lawyers and law firms, including their ability to freely represent clients, mostly because they've done legal work, but the
01:27:46 they've done legal work, but the president has opposed or they have been associated with prosecutors who investigated him. But so too has alerted the right in the UK demonstrated the fragility of its democratic credentials.
01:27:59 fragility of its democratic credentials. There has been a wholesale attack on the right to protest with the seemingly continuous passage of draconian legislation designed to chip away at that fundamental freedom. And at the same time as protest is being criminalized, legislation being passed which allows for the granting of
01:28:13 which allows for the granting of immunity for criminal offenses committed by undercover operatives. The legal profession itself has been targeted. The rhetoric from our so-called political leaders is fueling attacks on the legal profession and
01:28:29 attacks on the legal profession and lawyers themselves. Politicians from the Conservative Party have and continue to publicly demonize so-called activist lawyers. While the language of the far right increasingly popular reform party is even more extreme. And so you may
01:28:42 is even more extreme. And so you may have read only a few days ago the Bar Council of England Wales, the Law Society of England Wales, the Law Site of Scotland, the Faculty of Advocates, the Bar of Northern Ireland, and the Law
01:28:53 the Bar of Northern Ireland, and the Law Society of Northern Ireland representing a quarter of a million lawyers came together to publicly express grave concern about the climate of increasing hostility towards lawyers and judges. The unprecedented statement accused
01:29:05 The unprecedented statement accused politicians of and I quote irresponsible and dangerous end quote language that
01:29:13 and dangerous end quote language that puts lawyers at risk. The statement says that such language and statements quote weaken public trust and confidence in the rule of law and erode the very foundations of justice that underpin fairness and democracy. It further reads quote barristers lists and judges have been subjected to violence, death
01:29:24 been subjected to violence, death threats and rape threats. Some have faced threats to their family members. We have repeatedly seen law firms and officers be set upon by protesters. We
01:29:35 officers be set upon by protesters. We are deeply disturbed by this rising tide of intimidation targeting those who serve our justice system and uphold democratic principles. Lawyers should never suffer adverse consequences because they are identified with their
01:29:47 because they are identified with their client or their clients causes. Lawyers are not their clients. Nobody is above the law including politicians. Nobody is beneath the law's protections. So although there are unique features to the current attacks on democratic norms
01:30:03 the current attacks on democratic norms in the UK, the inquiries disclosed shows that the targeting of lawyers has been happening here for decades. Until recently took place in secret is now been exposed. Lawyers like Mr. Mansfield
01:30:15 been exposed. Lawyers like Mr. Mansfield who opposed or challenged the state were labeled subversive in spite of it isn't the case yet sir that they've been stopped from freely representing clients or had restrictions play placed on them. may be only a matter of time before that happens. I end with this, sir. Lawyers
01:30:29 happens. I end with this, sir. Lawyers will continue to be at the forefront of challenging draconian powers of the state. For Mr. Mansfield, it has been his life's work, challenging state power, advocating for the vulnerable, upholding civil liberties.
01:30:41 upholding civil liberties. This inquiry should not only recognize that such conduct should never have been a subject of police surveillance and those responsible held to account, but
01:30:52 those responsible held to account, but that it is vital. It is critical, it is necessary that in any democracy, it must be protected at all costs. And
01:31:03 it must be protected at all costs. And so I apologize for going over time. Um, thank you for your patience and your consideration. In the light of your concluding remarks, um, you and I certainly look forward to hearing from one of those identified this afternoon.
01:31:15 this afternoon. Thank you very much.
01:31:23 10 minutes. All right, we'll rise for 10 minutes.
01:41:12 Wood. Yes.
01:41:13 Yes. Mr. Wood.
01:41:14 Mr. Wood. Yes.
01:41:17 Yes. Mr. Wood, can you hear me? I can.
01:41:20 I can. Uh, I could hear you. Uh, please begin your opening submission. Thank you very much, sir. Well, uh, I've been allotted 1 hour. Uh, written opening stretches to some 55 pages.
01:41:33 opening stretches to some 55 pages. primarily I should say the work of my very able junior Lily Lewis and therefore in this address I'm going to summarize large parts of that document and I want to start by way of
01:41:47 and I want to start by way of introduction by asking that a photograph be put up OS1 of S deb real holding the book with a photograph of her son please upon the screen can that please be done
01:42:00 can that please be done yes thank Thank you. So in this trunch three period we represent those involved
01:42:11 three period we represent those involved in justice campaigns who were the object of unlawful unjustified police undercover surveillance. This surveillance took place in the context of a metropolitan police who I'll refer to in this opening as the Met without I
01:42:25 to in this opening as the Met without I hope disrespect that was systematically at that time failing those it was entrusted to serve and pro protect particularly black and Asian communities.
01:42:38 communities. Suk Deil sets the scene with her description. She says the 1990s was a time of numerous racial attacks and murders and
01:42:49 numerous racial attacks and murders and a series of failed racist corrupt police investigations of those crimes. The police came under increased scrutiny and justified criticism for them and thus pressure.
01:43:04 pressure. When eventually the authorities decided to examine the police failings through the McFersonen inquiry into the murder of Steven Lawrence, its critics were finally being listened to and the Met's
01:43:19 finally being listened to and the Met's reputation was at risk. Can we take down OS1, please? Sir, in paragraphs two and three of our introduction, we identify the key findings of Sir William McFersonen in
01:43:36 findings of Sir William McFersonen in the Steven Lawrence inquiry, who in 1999 confirmed what many black and Asian Londoners already knew, that penicious and persistent institutional racism existed within the force. We say this
01:43:56 existed within the force. We say this racism permeated the force and all its activities, including those in the special branch and the SPS. The core participants that we represent urge you to interrogate the way in which this entrenched racism led to their
01:44:15 this entrenched racism led to their targeting. And we invite you, sir, to identify the SDS for what it was, a racist, undemocratic political policing unit that was hugely wasteful of public resources and should never have existed.
01:44:28 never have existed. Sir, I moved to thumbnail sketches of the core participants who we represent. all were at the sharp end of police racism and defensiveness that
01:44:47 racism and defensiveness that characterizes this chapter of the Mets history. So, can we have photo OS2, please up on the screen? This is a photo of Michael Tachi Menson. Uh MWS and MSS are two members of the
01:45:00 Uh MWS and MSS are two members of the family campaign for justice for him who participate in this inquiry anonymously. They lost Michael in the most harrowing of circumstances.
01:45:12 of circumstances. He was attacked by a racist group who
01:45:28 He was attacked by a racist group who set him on fire and left him to die. He suffered terrible burns which covered 30% of his body. He later died in hospital due to his injuries. He told family members from his hospital bed that he'd been the subject of a racist attack. But investigators from the Met
01:45:41 But investigators from the Met maintained for reasons best known to themselves that he had set himself on fire and they therefore wholly failed to investigate the circumstances of his death. The family have always suspected
01:46:02 death. The family have always suspected that police racism played a significant part in this approach. Indeed, it was only after Michael's inquest in September of 1998 had returned a verdict of unlawful killing that the Met admitted that a serious mistake had been made. The campaign for justice led by
01:46:17 The campaign for justice led by Michael's family put pressure on the police to reinvestigate. And sir, ultimately it was this that led to the conviction of three men for murder and manslaughter in 1999.
01:46:35 murder and manslaughter in 1999. Sir, in their campaign, MWS and MSS were subjected to unlawful intrusive undercover policing. Can we please take down OS2 please and put up OS3?
01:46:56 Sir Sukdev and Tish Real are the mother and sister of Lac Vinda Real known as Ricky. Exactly 28 years ago yesterday, on the 14th of October of 1997,
01:47:12 on the 14th of October of 1997, Ricky went missing on a night out with friends.
01:47:16 friends. Immediately after his disappearance, the police were made aware that Ricky had been racially abused and assaulted by two white men. Yet again, the meth
01:47:27 two white men. Yet again, the meth failed to carry out investigations into the attack. Ricky's body was recovered from the river tempames a week after his initial disappearance
01:47:38 initial disappearance despite evidence of the racist attack. Police maintained that his death was accidental and failed to carry out any adequate investigation.
01:47:49 adequate investigation. The family, sir, have always believed this failure was a result of police racism. They started their movement to
01:48:00 racism. They started their movement to raise public awareness of the case and in a desperate attempt to improve the police investigation. Their campaigning involved numerous
01:48:12 Their campaigning involved numerous investigations by them, discussions of the case in the House of Commons and significant public support for the family justice campaign. But sadly, we say on account of the police's initial investigative failures,
01:48:24 police's initial investigative failures, they have never been able to uncover the full truth of the circumstances of Ricky's death. Sir, they too and their campaign were also the subject of
01:48:37 campaign were also the subject of intrusive, unlawful undercover policing. Can we please take down OS3 please and put up what I believe is the second page of OS10.
01:48:55 Sir, the movement for justice, MFJ for short, was founded by students of King's College in Camden in 1995 following a near fatal racist attack on Sha Alam. And you can see the uh uh
01:49:09 Sha Alam. And you can see the uh uh campaign poster of that on the screen. Jara Lamb lived in popular in East London. Despite the campaign for justice
01:49:21 London. Despite the campaign for justice which followed his racist attackers were never convicted. That campaign led to a group of students to discuss the need for a campaign that did not just respond to individual cases of injustice, but which could draw out wider lessons and
01:49:32 which could draw out wider lessons and build a broader movement against racism.
01:49:43 build a broader movement against racism. You can take the photo down now, please. The campaign focused broadly by can be summarized as anti-racism and and immigr immigrant rights. MFJ, the movement for justice, was born as an open organization with no formal
01:49:58 open organization with no formal membership process. They met weekly and campaigned on specific issues such as police racism, deaths in custody, and
01:50:09 police racism, deaths in custody, and the rights of those seeking asylum, as well as supporting family justice and other campaigns. They too, sir, we suggest were the subject of unlawful and intrusive undercover policing.
01:50:23 undercover policing. Sir, Alex Oadardi is an anti-racist campaigner and trade unionist. He was one of the founding members of MFJ in 1995. He has also been active in a number of
01:50:37 He has also been active in a number of other justice and anti-fascist campaigns including leading and lesbian and gay campa lesbian and gay campaigns against racism and fascism and taking part in
01:50:49 racism and fascism and taking part in the friends of Roger Sylvester campaign. Sir, he was an active member of MFJ and he too was the object of unjustified and unlawful undercover policing. Sir, so so too was Karen Doyle. She
01:51:07 Sir, so so too was Karen Doyle. She worked for many years as a mental health and disability adviser and support worker in the NHS as well as the education and charity sectors. She is now a traininee solicitor working in
01:51:19 now a traininee solicitor working in immigration and public law. From a young age, she had a strong commitment to stand up against injustice and became involved in the Kingsway anti-fascist group. And following the racist attack
01:51:30 group. And following the racist attack on Charam, she was a founding member of MFJ and remained actively involved with the group until 2022. Sir, each of these core participants
01:51:43 Sir, each of these core participants campaigned for justice against racism and to expose police failings and were the subject of unlawful surveillance.
01:51:57 the subject of unlawful surveillance. They worked tirelessly to hold the Met to account for the way in which it failed black and Asian communities and campaigned to expose the truth about actions and inactions.
01:52:08 actions and inactions. Sir, in paragraphs 7 to13 of our opening, these core participants placed before you the terrible impact that the SDS surveillance has had on them,
01:52:24 SDS surveillance has had on them, including sir, trauma that continues to this day.
01:52:26 this day. If they can emphasize one point in this
01:52:37 If they can emphasize one point in this opening statement to you, sir, it is the unimaginable impact that these events have had on them. For them, the failures in police investigations into their loved ones deaths piled insult upon grief. It
01:52:52 deaths piled insult upon grief. It doubled their trauma and suffering. But this was further compounded by the realization that they were being spied upon. It was they felt a gross betrayal. I cite in the written opening to Debb
01:53:09 I cite in the written opening to Debb Real's account, but you sir will hear from her and see her and I suspect rarely feel it from her when she gives
01:53:20 rarely feel it from her when she gives evidence in person to you about how this has terribly affected her. MSS describes how learning the extent of the intrusion has left deep
01:53:33 the intrusion has left deep psychological wounds and how they live with symptoms of PTSD as a result. All these core participants express a
01:53:49 All these core participants express a strong sense of injustice and disbelief at the large sums of money spent on funding SDS intrusions into their campaigns. Whilst they, as we will see, were being told resources were limited for investigations for their loved ones deaths.
01:53:59 deaths. Sir Tish Reel puts it like this. At a time when we were begging the
01:54:10 At a time when we were begging the police to invest more resources, more time, more commitment to investigate
01:54:24 time, more commitment to investigate what happened to my brother. I now find out that resources were instead being siphoned off for illegal undercover spying of my family. Karen Doyle expresses it like this. I remained disgusted knowing that while black and Asian communities were facing
01:54:39 black and Asian communities were facing down a daily gauntlet of violent racist fascists and police harassment and brutality, the police thought instead of examining themselves or trying to improve their responses to racist
01:54:52 improve their responses to racist attacks that they would target the victims instead. So I move to chapter two. It's between paragraphs 14 and 84 of our opening and it's headed police spying on justice
01:55:05 it's headed police spying on justice campaigns and it will involve a slightly more detailed examination of each of the three campaigns who we act for. So I start with the family campaign for
01:55:16 start with the family campaign for justice for Michael Taki Menson and I'm
01:55:30 justice for Michael Taki Menson and I'm going to ask that photograph OS4 is put up on the screen. You will see when it comes up sir that Michael is on the right and this is his band. Michael is described by his family as a gentle, natural, quiet, caring man with
01:55:41 gentle, natural, quiet, caring man with a strong faith and high values. He was a successful musician and performed in the popular group you can see there, Double Trouble.
01:56:01 Trouble. The photo can now be taken down. In his late 20s, he also experienced mental health difficulties for which he received treatment. As I said, the attack on Michael was on the 28th of January of 1997
01:56:13 the 28th of January of 1997 when he was 30 years old. And before he died from his burns on the 13th of February, 1997, he had told four family members and friends that he had been attacked.
01:56:28 friends that he had been attacked. However, the family were told repeatedly by the ME officers that Michael had set fire to himself. Officers refused to take evidence from Michael directly before he died. The family felt very strongly that the initial police
01:56:39 strongly that the initial police investigation was wholly inadequate and that the police were not treating Michael's death with the seriousness it deserved and that his death was being
01:56:52 deserved and that his death was being afforded differential treatment by the Met actually due to the color of his skin.
01:56:57 skin. So I'm going to ask that photograph OS5 is put up
01:57:03 is put up as a result of family members family members formed the campaign. The campaign banner is displayed in that photograph. In the words of MWS,
01:57:18 In the words of MWS, they say, "From a very early stage, we formed the view that the police were letting us down, and without us doing something about it, the investigation into Michael's death would fail." The family realized that we had to do
01:57:37 family realized that we had to do something about this. The campaign did not have a formal name, but its objective was clear. It was all about getting justice for Michael. It had no political big or
01:57:51 Michael. It had no political big or little P objective. You can take down the photograph. Thank you very much. Those sir involved in the campaign conducted it in a lawful and dignified way. They carried out leaflet appeals
01:58:06 way. They carried out leaflet appeals for witnesses, contacted their local MP, and appealed to local and national media.
01:58:07 media. However,
01:58:09 However, they soon discovered that often journalists have been contacted by police first and then briefed with a
01:58:20 police first and then briefed with a false narrative that Michael had set himself on fire. They found that they were faced with an immense hurdle to overcome a narrative
01:58:38 immense hurdle to overcome a narrative set by the police which appeared aimed at discrediting the campaign, drawing attention, for example, to Michael's mental health problems and drawing attention away from police failings. In the words of MWS,
01:58:50 In the words of MWS, they faced a deliberate and calculated attempt to mislead the media and that
01:59:01 attempt to mislead the media and that the media were told there was no story and that the police were treating the incident as suicide. Sir, in September of 1998, an inquest before a jury finally took place into Michael's death.
01:59:13 Michael's death. The Met aggressively pursued the lion that Michael may have killed himself and that there was nothing wrong with the police investigation.
01:59:30 police investigation. Sir later a police complaints authority report found that the investigating officers passed information to the coroner prior to the inquest which indicated and I quote from it a leaning towards suicide as the possible cause of
01:59:50 towards suicide as the possible cause of death and also information which clearly had the potential to suggest to the coroner that this was a family of trouble. troublemakers and Michael was mentally unstable." End quote.
02:00:06 End quote. Throughout the inquest, the family were told by journalists that the Met press team continued to propagate the line that Michael's death was a suicide and to minimize any suggestion of inaction by police investigators.
02:00:21 by police investigators. After a week of evidence, the jury returned a conclusion of unlawful killing. So, I'm going to ask that a brief extract ox6
02:00:37 brief extract ox6 of a channel 4 broadcast on the evening be played at this stage, please. Another
02:00:39 Another black family on the steps of another coroner's court, proclaiming injustice over what now an inquest jury has officially registered as another
02:00:53 officially registered as another unsolved murder with racist undertones. This time, the grief, the frustration, and the anger and the emotions of the Menson family. Their long-suffering cause has been to find the truth of how their brother Michael met such an appalling death. Around the corner from the court, in the confines of a Baptist
02:01:05 the court, in the confines of a Baptist church, the family felt their fight had been justified. We must take today as a time to renew all efforts to find the people who committed this unspeakable act of violence.
02:01:16 violence. They must be brought to justice. And this must happen so that no one again has to go through the agonies that we have been through.
02:01:34 have been through. In their eyes, it is the police who are another black family on the steps of another taken down. Thank you, sir. That same day after that unlawful killing verdict, the mayor issued a
02:01:53 killing verdict, the mayor issued a public statement regretting that only in the first 12 hours they had treated Michael's death as self emulation.
02:02:07 Michael's death as self emulation. However, we note no admissions were made then or indeed now in relation to the failings of the police investigation after that 12-hour period. Despite the inquest verdict, parts of the force and the wider policing community continued to assert that
02:02:24 community continued to assert that Michael most likely died by suicide and that there was nothing wrong with the initial police investigation. as an example of the tenor of the police response in this period. MWS and MSS exhibited uh that full channel 4 news
02:02:38 exhibited uh that full channel 4 news interview. So I'm going to ask that a
02:02:50 interview. So I'm going to ask that a second passage be played from that. It's OS 7, sir. And uh it's a police representative from the police federation who immediately after the
02:03:02 federation who immediately after the inquest still propagated publicly that the line that the line that Michael's death may have been suicide or unexplained. Let's listen to it correctly. What do you think of the coroner's verdict?
02:03:13 verdict? I personally think an open verdict would have been more appropriate. I think uh you have a problem today where you crowd out uh in coroner's courts, you
02:03:25 out uh in coroner's courts, you virtually intimidate coroner's juries and you end up with this type of decision.
02:03:30 decision. To this day, there is no evidence whatsoever of a murder having been committed. The expert pathologist that we've just seen there said it is very unlikely that he could have done this to himself. Mr. Menson,
02:03:39 Menson, that's his opinion which would not be evidence in the criminal court. It's uh the Lawrence inquiry. This inquiry both lack evidence and I'm afraid that uh you would criticize us severely if we took
02:03:52 would criticize us severely if we took people to court and got them convicted with lack of evidence. I also find it a little extraordinary that you suggest that the coroner's verdict is is is not the right verdict. Isn't that correctly? What do you think of the coroner's verdict?
02:04:04 verdict? I personally think an open verdict would have been more appropriate. I think Yes. Thank you very much and Lou. So that Michael's death was self-inflicted or unexplained
02:04:18 self-inflicted or unexplained was the narrative the police put forward in the inquest to protect itself and undermine the campaign. So the views articulated there were views that many
02:04:29 articulated there were views that many in the police force held at the time and it's is worth emphasizing that these comments made there were made on the day of the inquest conclusion by a senior representative of rank and file police
02:04:50 representative of rank and file police who was not present at the inquest but that had evidently been briefed to do down the inquest conclusion and to dampen criticism of the police. This sir is one example amongst many of the Met doubling down on a narrative that served their reputational aims,
02:05:06 that served their reputational aims, prioritizing damage of control at the expense of truth and openness and refusing to accept their failings until
02:05:17 refusing to accept their failings until they absolutely have to. Sir, following the findings of the inquest and the involvement of the home secretary Jack Straw on the 3rd of November of 1998, the family were told on the 4th of
02:05:36 the family were told on the 4th of November that John Grieve and his newly created racial violence and crime task force were taking over responsibility for the investigation. Sir, on the 9th of March of 1999, two suspects were arrested and subsequently charged with Michael's
02:05:48 subsequently charged with Michael's murder and committed to the old Bailey for trial. Another man was later arrested in Northern Cyprus on the 5th of July, and he too was convicted of manslaughter following a trial. Sir, in
02:06:02 manslaughter following a trial. Sir, in parallel to the investigations headed by Mr. to grieve and the eventual prosecutions. A further investigation followed a complaint made by the family to the police complaints authority on the 25th of September 1998.
02:06:18 the 25th of September 1998. following the inquest and was conducted sir by chief constable of Cambridge police. Your witness next week HN143
02:06:31 police. Your witness next week HN143 Dennis also known as Ben G from whom sir you will hear next Monday. The findings of that investigation finalized in late 2002
02:06:46 finalized in late 2002 were widely reported and included that the initial Met investigation was unprofessional, uncoordinated, in part negligent, at best inept. It
02:06:57 in part negligent, at best inept. It also found that despite evidence to the contrary, the Met had insisted for 18 months that Michael had set himself a light and that the police had altered witness statements to support this
02:07:11 witness statements to support this theory. Sir in summary it reported and I open inverted comers a number of officers prematurely reached the conclusion that self harm caused death
02:07:24 conclusion that self harm caused death and sub stubbornly maintained this even when subsequent evidence suggested it might be mistaken. They failed to follow up important forensic material and did not record the attack as possibly racist and did not
02:07:37 attack as possibly racist and did not attend and supervised the scene of the attack on the night. A police police
02:07:54 attack on the night. A police police liaison with the Menson family was very poor and that the Met officer referred to Mr. Mer Menson and sir, I used the terms expressly in the report as a black schizophrenic and that in inverted commas there was evidence to suggest officers were swayed by racial prejudice.
02:08:07 by racial prejudice. Sir, these findings confirmed and vindicated what the family had long known.
02:08:14 known. In addition to its findings relating to the flaws in the initial investigation, that report by your witness Dennis Gun also found that a request was made
02:08:30 also found that a request was made around the 26th of March of 1997 by those involved in the original investigation for special branch checks to be completed on the Menson family.
02:08:42 to be completed on the Menson family. And so I'm going to come back to that in due course uh in the next section of my address. Against that background of racism, defensiveness, and denial, the revelation that MWS and MSS were surveyed by the same force that failed
02:09:02 surveyed by the same force that failed their family so many times, we say, sir, adds insult to injury. They are justifiably outraged. There is a perfectly there was a perfectly peaceful lawful campaign. There was no justification for there
02:09:18 There was no justification for there having come uh to the attention of the SDS.
02:09:19 SDS. They see the surveillance as a continuation of the Met's reputational management as a means by which to gain an advantage on the family justice
02:09:30 an advantage on the family justice campaigns threatening to expose them. Sir, we urge you fully to investigate
02:09:41 Sir, we urge you fully to investigate through the evidence of the managers who oversaw HN81 David Hagen's infiltration of their campaign and otherwise why the peaceful activities of a bereieved
02:09:55 peaceful activities of a bereieved family were reported on by police spies. We note in passing the emission of the sufferings of the Menson family from the apology put forward by the Met
02:10:09 apology put forward by the Met yesterday. One is long overdue and we hope and expect that emission to be corrected. So I turn to the family campaign for justice for Ricky. Ricky Real. Ricky Real was Suk Dev and Balant Real's
02:10:20 Real was Suk Dev and Balant Real's second child. He grew up in a happy family with three siblings. Sir, he described in we describe in detail in paragraphs 32 to 37 of our written
02:10:35 paragraphs 32 to 37 of our written opening the events immediately after the disappearance of Ricky on that day 28 years ago yesterday and the desperate efforts of the family to try and arouse any police interest in this
02:10:46 any police interest in this disappearance. Police effectively ignored the family's assertions that Ricky had been the victim of a racist assault and officers repeatedly turned a blind eye when reports of a racist
02:11:06 blind eye when reports of a racist attack were made to them. I have already summarized at the start of this opening the desperate efforts made by their family and their friends to secure assistance from the police in their investigation into the disappearance of their son and how this led to the start of the Ricky Real justice campaign.
02:11:20 of the Ricky Real justice campaign. No one at either of the police stations they visited in those early days seemed prepared to take their report of a racist attack on Ricky seriously and
02:11:31 racist attack on Ricky seriously and simply they believed on grounds of race declined to assist them using the Met's missing person policy as an excuse. Suk Dereel describes her reaction to the
02:11:44 Dereel describes her reaction to the last officer to do this in her witness statement and she says, "He assumed that my family had caused Ricky's
02:11:56 my family had caused Ricky's disappearance, a new version of blaming the victim. I knew then with a sinking heart that dealing with my local police at Weston and Kingston Police Station, where Ricky had disappeared, that
02:12:10 where Ricky had disappeared, that neither were interested in helping us. It was clear to me that racial
02:12:21 It was clear to me that racial stereotyping and racism lay behind this. Sir, in the absence of police support, the family took the investigation on themselves with the help of their friends and the local community. And the events of that and the work that they did are set out in paragraphs 40 to 43
02:12:38 did are set out in paragraphs 40 to 43 of our opening. In effect, they can be summarized as total police in action. and whilst the family were left to secure evidence which included actually the closed circuit television of Ricky's
02:12:51 the closed circuit television of Ricky's last sighting. So on the 21st of October of 1997, Ricky's body was eventually discovered in the river temps near downhill road. On the 22nd of October,
02:13:02 downhill road. On the 22nd of October, Sukde Reel visited Ricky at the morttery and was handed his clothing. When home, she noticed a significant
02:13:13 When home, she noticed a significant tear in the brand new shirt that he had been wearing on the night of his disappearance. She raised this with the police and were told
02:13:23 told bluntly that the family must have caused it.
02:13:25 it. The family later worked out that the tear corresponded to the location of marks on Ricky's body identified at his postmortem. This day the 22nd of October 1997
02:13:40 This day the 22nd of October 1997 marked the start of the justice for Ricky Rio campaign. The campaign evolved and developed with appeals for evidence, close leaison with investigators
02:13:59 close leaison with investigators followed by complaints concerning their inaction, attempts to raise the public profile through meetings and speaking and forming links with other justice groups to expose police inaction and highlight investigative flaws. Sir, in February of 1999, the family were
02:14:10 February of 1999, the family were finally given a copy of the report of a police complaint investigation by Surrey Police which had been concluded in September of 1998.
02:14:21 September of 1998. It upheld many of the family's complaints, stating, "The investigation has found that there were weaknesses and flaws within the organizational
02:14:38 flaws within the organizational structure and policy. Your allegations of neglect of duty are substantiated. You did not receive from the Met the professional standard of service which you have every right to expect, but this is for the most part, they said, attributed to organizational failings
02:14:54 attributed to organizational failings rather than to neglect of any particular officer.
02:15:01 officer. So the police investigation of Ricky's death was then taken over by DAC John Gre. He made a concerted effort to maintain contact with Zuk Deion and with the family following the conclusion of the investigation by his task force.
02:15:20 the investigation by his task force. But now the family see him as part of the apparatus of surveillance. He never told them what he knew about them being surveyed. Another means, sir,
02:15:35 them being surveyed. Another means, sir, by which the Met could gain intelligence on the family, not simply to find Ricky's Ricky's killers, but to undermine the campaign and further the Met's objectives. The inquest touching on Ricky's death
02:15:49 The inquest touching on Ricky's death took place before a jury on the 1st of November 1999 over six days. The Met sought a
02:16:01 over six days. The Met sought a conclusion of accidental death yet again promoting in the media a narrative that protected their reputation to the greatest extent possible. In Sukde's words, their attitude to the family and supporters was hostile. One of the
02:16:13 supporters was hostile. One of the senior investigating officers, a DCI Hill, gave evidence at the inquest. She maintained that Ricky had not been a victim of a racist attack, but that his death was a tragic accident.
02:16:26 death was a tragic accident. DS Moffett, who had led the first investigation, repeated this line. During her evidence, it became clear that the had the police interviewed
02:16:38 that the had the police interviewed Ricky's friends earlier, they might have been able to identify the people involved in the attack of them. So, the ultimate conclusion was one of an open verdict.
02:16:50 verdict. Sadly, the Ricky Real family have never been able to uncover the full truth of the circumstances of Ricky's death, and for that reason, their campaigning efforts continue to this day. Against this background of having been
02:17:08 this background of having been repeatedly failed by the Met, the Real family was horrified to discover that their campaign was subject to surveillance by at least one undercover
02:17:22 surveillance by at least one undercover officer, SDS officer, HN81, David Hagen, but possibly two others. James Boiling, HN14, and Dave Evans, HN60. Sukdev and Tishreel have provided been provided with reports which show that the STS engaged in personal and
02:17:40 the STS engaged in personal and intrusive surveillance of family members including reporting on their personal lives and on Sukdev Real's state of health details of Picket's planned for the campaign a candle light viril and
02:17:53 the campaign a candle light viril and the attendance of family members at the Lawrence inquiry all featured in intelligence reports as is now conceding there was no proper basis on which they
02:18:05 there was no proper basis on which they could have been targeted. The family are outraged that police lavished lavished expenditure on such secret surveillance of them whilst maintaining that cost
02:18:16 of them whilst maintaining that cost restrictions limited police capacity to
02:18:30 restrictions limited police capacity to investigate Ricky's death. Sukde reel is particularly appalled by the revelation that HN81 David Hagen offered a lift offered her a lift home following a meeting with MFJ. She feels it was a gross and unjustified misuse of police
02:18:42 gross and unjustified misuse of police power by the Met very probably to seek to obtain information to be used publicly to discredit the family in their campaign. This sir is just one incident. It does not feature in the disclosed
02:18:54 not feature in the disclosed intelligence report, but has come to light by other means that gives rise to very real concern that there were likely
02:19:08 very real concern that there were likely others which were not recorded given the destruction of documents by the Met and the practice of not recording tasking and intelligence relating to sensitive areas such as family campaigns. Given the cover up that has taken place to date, to which I will return in
02:19:21 to date, to which I will return in detail later, the real family still to this day have no confidence that the Met have fully and openly disclosed all relevant evidence of targeting and
02:19:35 relevant evidence of targeting and surveillance of the family. The pain inflicted upon the family by this hypocritical and racist intrusion remains to this day the apology now profered by the Met in their opening.
02:19:46 profered by the Met in their opening. the family feel is simply a pragmatic decision arising from the overwhelming material which now confirms the racism
02:19:57 material which now confirms the racism which has been prevalent in the courts and the unjustifiable nature of the surveillance over the family justice campaigns.
02:20:09 campaigns. It provides I'm afraid little comfort to the real family and they effectively do not accept it. Whilst the Met now accepts that such surveillance was unjustified, they do not address or recognize the qu key questions now arising.
02:20:26 key questions now arising. Why did it happen? The family say it was done in an effort to glean information capable of undermining their concern of the campaign. a continuation of the approach following Ricky's death
02:20:41 approach following Ricky's death typified by defensiveness, denial, and a desire to protect the Met's reputation at all costs. So, I turn briefly to the movement for justice, and I'm going to ask that OS 11 at page one is briefly
02:21:02 ask that OS 11 at page one is briefly put up. Sir, as I have said, movement for justice was formed in 1995 and stemmed from the Kingsway College anti-fascist group and the death of Sha
02:21:15 anti-fascist group and the death of Sha Alam. And you can see a founding leaflet there. So in paragraph 61 to 69 of our opening, we set out in detail the motives and actions of the organization and the roles played in it by undercover officers HN43 Peter Francis and HN81
02:21:29 officers HN43 Peter Francis and HN81 David Hagen. You can take down OS11. Thank you very much. MFJ was an open organization with no formal membership process and a relatively simple structure.
02:21:42 relatively simple structure. Organization of the group was centered around weekly meetings at which activists would discuss priorities, materials, and plans for upcoming
02:21:53 materials, and plans for upcoming events. Members of the public who were interested in getting involved could come to these meetings. Members exercised their democratic rights to protest through methods of action that
02:22:06 protest through methods of action that tended to include petitions, lobbying of MPs, demonstration, marches, and protests.
02:22:07 protests. Sir HN81 David Hagen infiltrated MFJ in around June of 1997.
02:22:20 infiltrated MFJ in around June of 1997. He presented himself as an active member of MSJ a and did so for about four years. Alex Oadardi recalls that HN81
02:22:33 years. Alex Oadardi recalls that HN81 involved himself in the Steven Lawrence inquiry and in the group's campaigns around policing in Brixton and Burmany. Many of the intelligence reports produced on the basis of HN81's reporting evidence of particular
02:22:49 reporting evidence of particular interest in MFJ's campaigns relating to policing issues, including deaths in police custody, police harassment of young black men, and the use of CS spray. There are a high number of
02:23:03 spray. There are a high number of reports concerning MSJ's support for the Steven Lawrence family campaign and involvement in the Lawrence inquiry. And despite the nature of MS MFJ's
02:23:17 despite the nature of MS MFJ's legitimate democratic activities, the group and its members was subject to intense and deeply intrusive surveillance, including reporting on members occupations, appearances, political backgrounds, and personal lives, as well as addresses, incomes,
02:23:35 lives, as well as addresses, incomes, and bank details. Intelligence reports covered the minutei of the group's activity, from plans to present a
02:23:52 activity, from plans to present a petition to a local MP to plans of a fly a a a flyer for distribution. The level of intrusion into Alex Oadi's personal life was particularly pronounced. For example, one special branch report detailed his address, his income, his bank details, his landline number, and his passport. Our core participants
02:24:04 his passport. Our core participants described in detail in their witness statements the multiple inaccuracies in
02:24:21 statements the multiple inaccuracies in the reports produced by HN81 David Hagen and HN43 Peter Francis much of which will of of which appears willfully misinterpreted uh FMJ's MFJ's activities and its members intentions aims and beliefs. So we submit the disclosure does not
02:24:33 So we submit the disclosure does not provide any legitimate basis for SDS interest in the group or its ongoing infiltration on account of risks to public order counter counterpublic
02:24:46 public order counter counterpublic disorder and subversion or serious lawbreaking. MFJ's focus and purpose was to oppose racism. members engaged in the democratic system in order to expose, challenge, and overcome racism in many
02:25:01 challenge, and overcome racism in many different areas from police violence to legislative changes. change the the organization
02:25:17 change the the organization uh campaigned for legislative changes uh of of uh that were harmful to asylum seekers by marching, protesting and contacting local MPs and running campaigns in relation to local councils. Sir MFJ was not subversive. In summary,
02:25:31 Sir MFJ was not subversive. In summary, none of the activities reported on were capable of reaching the threshold for justifying intrusive undercover surveillance over a period of years.
02:25:44 surveillance over a period of years. Indeed, the Metapper now to accept HM81 David Hagen's deployment from 1997 into MFJ was unjustified. As with other campaigns focused on anti-racism and police accountability,
02:25:57 anti-racism and police accountability, the Met do not, however, accept the true reason for their interest in these groups over such a lengthy period. For reasons that I will come to, these car
02:26:08 reasons that I will come to, these car core participants strongly suspect that MFJ was a convenient organization in which to plant an operative who could monitor anti- police sentiment in the years following the Steven Lawrence uh
02:26:19 years following the Steven Lawrence uh uh death and provide the Met with a link to the numerous family justice campaigns that were building in response to highly
02:26:34 that were building in response to highly publicized police failings. So I turn to a brief chapter, racism and defensiveness. In our chapter three, we make detailed submissions on the issue of racism in the police at paragraphs 85 to 98. We
02:26:53 the police at paragraphs 85 to 98. We draw examples from the evidence of HM43 Peter Francis, the regular use of the word N-word for the the use of the N-word, for example, and the over racism he witnessed on the part of the most
02:27:04 he witnessed on the part of the most senior managers in the SDS at the time. Sir, their accounts align with the findings of the McFersonen inquiry. The example provided by Peter Francis
02:27:17 The example provided by Peter Francis shows racism was persistent in the Met. We know HN81 David Hagen apparently discovered movement for justice whilst undercover with the SWP and his note for file wrongly states
02:27:40 and his note for file wrongly states that MFJ was an exclusively black group. Sir, we wonder whether this whether his targeting decision was influenced by racism, including stereotypical assumptions and cynical attitudes in relation to the political activities of the black communities.
02:27:55 the black communities. US and CTI have emphasized that this inquiry will examine whether the deployment of undercover officers in justice groups including black justice groups was influenced by conscious or
02:28:06 groups was influenced by conscious or unconscious racism. This sir includes confronting the patterns emerging from the repeated reporting of justice campaigns and the activities of black
02:28:18 campaigns and the activities of black and Asian families and the presence of institutional structural and individual racism that underpin them. So we heard this morning your exchanges
02:28:29 So we heard this morning your exchanges with Imran Khan QC. We have cited Casey. We have cited the Sir William McFersonen and the Casey report in this chapter,
02:28:47 and the Casey report in this chapter, both of which identify not only examples of racist behaviors and attitudes, but institutional racism which infect the Met as a whole. Sir, if you do not propose to accept both the definition of institutional racism employed by
02:28:59 institutional racism employed by McFersonen along with his findings in relation to its presence in the Met. We suggest that our clients and no doubt others should be given an indication by you of your approach so that we can
02:29:17 you of your approach so that we can respond including if necessary making further submissions to you on the requirement for an expert. So I turn to political policing our chapter 4 which is between paragraphs 99 and 134.
02:29:29 and 134. As we set out and as has been essentially conceded by the Met, the surveillance of our core participants
02:29:40 surveillance of our core participants could not be justified by reference to the SDS's more purported remmit to address public disorder and counter
02:29:52 address public disorder and counter surveillance. We therefore ask what the true underlying reason for their targeting was. So we suggest fear of the exposure of successive failings by the Met and the racism that underpinned it led to the
02:30:07 racism that underpinned it led to the intrusive surveillance to which their campaigns were subject. One of the central issues in this phase is therefore the extent to which the SDS
02:30:23 is therefore the extent to which the SDS was use utilized by the force to respond to the unprecedented criticism to which it was subject. We suggest the evidence before the inquiry proves that special branch had a particular interest in justice and
02:30:34 particular interest in justice and police accountability campaigns and that officers were specifically targeted into these campaigns in order to collect intelligence which could be used to
02:30:45 intelligence which could be used to defend the Met's reputation against these campaigns. So the evidence of
02:30:56 these campaigns. So the evidence of Peter Francis is that he was tasked to report on racial justice campaigns relating to racist murders of individuals and deaths in custody. He
02:31:07 individuals and deaths in custody. He was asked by superiors to report back on information that could be used to undermine such campaigns. It is his evidence that requests for such intelligence were made in order that damaging information could be
02:31:20 that damaging information could be passed on to third parties such as the media. So our court participants strongly suspect that the practices described by Peter Francis continued long after he left the SDS and led to
02:31:35 long after he left the SDS and led to specific requests to target the Mensson and real families as well as NMFJ, namely through David Hagen. In our written opening, we summarize the evidence which indicates that David
02:31:49 evidence which indicates that David Hagen's deployment was used for purposes that went well beyond the SDS's public order remitt. And we now know that his
02:32:00 order remitt. And we now know that his intelligence was used in order to inform the Mets submissions to the Lawrence inquiry and its wider work. We note CTI's reference to the covert
02:32:11 We note CTI's reference to the covert briefings that were facilitated by HN81 and DI Richard Walton of the Met's Lawrence review team which included discussion of MSJ and its
02:32:26 included discussion of MSJ and its involvement in the Lawrence campaign and which the Met now call completely improper.
02:32:36 improper. Arrangements were made in 1998 for SDS Intelligence to be shared with CO24, the newly formed racial and violent crime task force led by Deputy Assistant Commissioner John Greavves, which had
02:32:52 Commissioner John Greavves, which had responsibility for responding to racist attacks and murders that the Met had failed to properly investigate. The introduction of the task force was clearly part of an attempted rebrand by the Met with hopes of undoing rep the reputational damage caused by the
02:33:03 reputational damage caused by the response uh to the death of Steven Lawrence. Both the Mensson and Real Families had contact with CO2. Evidence to the Ellison review, sir,
02:33:16 Evidence to the Ellison review, sir, suggests that the conduit used to share intelligence relating to Steven Lawrence, Michael Menson, and Ricky Real. According to the evident Ellison review, correspondence between the teams, including personal details
02:33:32 teams, including personal details regarding the Lawrence family emanating from HN81's reporting, and information about a named individual who offered to give evidence to the inquiry, including the potential for their evidence to be to criticize police. The communication
02:33:49 to criticize police. The communication of such information had no clear public order purpose or even to assist the identification and prosecution of those responsible for the deaths of Ricky
02:34:02 responsible for the deaths of Ricky Real, Michael Manson, and of course, Steven Lawrence, but represents yet another likely example of SDS intelligence being used by the Met to gain a tactical advantage and to get
02:34:13 gain a tactical advantage and to get ahead of criticism given the widescale destruction. of documents. The inquiry, we suggest, must take a wide view of the contextual
02:34:24 must take a wide view of the contextual evidence when assessing the true uses to which SDS intelligence about justice campaigns were lightly put in the T3 period. So I turn to some express examples of the surveillance and
02:34:35 examples of the surveillance and targeting in connection with real and meson on the available evidence along with their own experience of police hostility and racism. MWS and MSS
02:34:51 hostility and racism. MWS and MSS strongly suspect that the SDS targeted them in order to obtain personal information which could be used to smear them andor their campaign or to assist the Met in defending itself against criticism. They certainly do not accept
02:35:08 criticism. They certainly do not accept that surveillance of their campaign was merely collateral intrusion. Sir, a crucial piece of evidence in relation to the targeting of the Mensson campaign was obtained by the police
02:35:20 campaign was obtained by the police complaints authority investigation by the then chief constable of Cambridge, sir, your witness next week, Dennis Gun, between 1982 and 2002.
02:35:36 between 1982 and 2002. That report found that a request made in late March of 1997 by officers involved in the investigation of Michael's death for special branch checks on the Menson family. Sir, can I ask that uh OS13
02:35:57 family. Sir, can I ask that uh OS13 pages 155 to 156 which is an extract from that report is uploaded and I'm going to cite it. It reads on the 1st of April 1997 checks were made
02:36:08 the 1st of April 1997 checks were made on the Taki Menson family with special
02:36:22 on the Taki Menson family with special branch. This was requested by detectives chief superintendent Duffy as a result of an updated report on operational landi
02:36:23 landi and was to be completed prior to any further interviews with them has been has been and asked why such checks were made.
02:36:39 made. Could I ask you to pause a moment please because the passage that you want has not yet been put up. It may now have been.
02:36:39 been. Oh, well, sir, I'm I'm sorry. I will cite it and maybe you can look it up and we can see it,
02:36:50 you can look it up and we can see it, sir. And we certainly ask that it it be mentioned at least in passing uh with your witness next week. He says, I quote from it. He says that he was asked to
02:37:01 from it. He says that he was asked to arrange the checks by detective chief superintendent Duffy, but cannot recall why this was done. He says he was not
02:37:13 why this was done. He says he was not aware that the family were thought to be politically motivated and can only assume that detective chief superintendent Duffy requested the checks because of his previous experience in special branch. This action appears to have no substantial
02:37:28 action appears to have no substantial relevance to the AMIP inquiry, but it it illustrates again that police were suspicious of the family and concerned about their motives for being critical of the police. Sir, at page 371
02:37:43 of the police. Sir, at page 371 of that report, there's a a direct reference to this, and I I read it again. I name uh uh
02:37:58 and I I read it again. I name uh uh emitted entered a message on homes which noted that DS Duffy had suggested that special branch checks should be completed on all Menson family prior to further interviews with them.
02:38:11 further interviews with them. An inference which could be drawn from that proposed line of inquiry is that the family of a murder victim were having security checks carried out on them with special branch to see if they had any involvement in extremist politics.
02:38:28 politics. It is unclear precisely why such checks were made, but the description of the family as hostile may have in have inferred that such behavior had some political motivation. We say, of course, sir, that it did. Detective Chief
02:38:43 sir, that it did. Detective Chief Superintendent David Duffy retired from the Metropolitan Police in 1998. When interviewed by the Cambridge Inquiry, that is that of your witness, Dennis Gun. When interviewed by the
02:38:54 Dennis Gun. When interviewed by the Cambridge inquiry, he said he could not recall any criticism or suggestion that the Menson family were involved in
02:39:06 the Menson family were involved in extreme political activity, although he agreed that he authorized the special branch inquiry. I that is the redacted name said that the suggestion for the special branch checks came from detective chief superintendent Duffy and he could only
02:39:21 superintendent Duffy and he could only assume that it was promoted by detective chief superintendent Duffy's previous experience in special branch. They said that in his view there was nothing that
02:39:32 that in his view there was nothing that would have caused him to have made such an inquiry. So the important evidence, this important evidence unambiguously suggests that checks were requested to
02:39:48 suggests that checks were requested to be carried out on the Menson family for no reason other than their efforts as bereaveved family members to secure proper investigation of Michael's death. It also suggests that such practices within special branch were so widely
02:40:02 within special branch were so widely known that investigating officers from an entirely different part of the organization were requesting such checks when faced with criticism by black
02:40:14 when faced with criticism by black family members. As far as we are aware, this is the only direct evidence in T3 of this practice. We therefore urge you, sir, to ask HN143
02:40:25 sir, to ask HN143 at least something about this crucial issue when he gives evidence next week. The inquiry has received submissions
02:40:39 The inquiry has received submissions made on behalf of MWS and MSS on why it is so important that this issue is explored with HN143 along with suggested questions through
02:40:52 along with suggested questions through the routel rule 10 process. So we await of course your team's response. But a failure to explore this topic will deprive MWS and MSS and other family justice campaigns targeted by the
02:41:04 justice campaigns targeted by the special branch of a crucial opportunity to understand the link between Met investigating teams and SDS surveillance of black family members. This would represent a failure by your inquiry,
02:41:16 represent a failure by your inquiry, sir. Uh uh we submit uh an office the officer uh was both a senior officer and a special branch officer later
02:41:28 a special branch officer later responsible for investigations outside
02:41:43 responsible for investigations outside the Met's practices and he knows about this. Sir uh as CTI sets out in their opening statement, the whole factual context must be considered in the inquiry's investigation of whether SDS
02:41:57 inquiry's investigation of whether SDS reporting on black justice campaigns was collateral intrusion or whether those campaigns were of interest to MPS in their own right. Many features of the Menson case bear
02:42:11 Many features of the Menson case bear resemblance with the attitude of the Met described by HN43 Peter Francis towards the campaign for justice for Steven Lawrence and other family justice campaigns and characterized by the
02:42:22 campaigns and characterized by the Ellison review which notes the cynicism and mistrust with which campaigning families were reviewed. This police complaints authority report that we've cited into the Menson
02:42:33 that we've cited into the Menson investigation notes that the police were suspicious of the family and concerned about their motives for being critical of the police. They sir were characterized by the police as open inverted commas
02:42:49 police as open inverted commas troublemakers despite the fact that they were correctly simply looking for answers about their loved ones death. We say that the Met Met's mistrustful, hostile, and defensive approach to the
02:43:03 hostile, and defensive approach to the concerns being quite rightly raised by the family led to the surveillance by the special branch. The real family were also subjected to to intrusive surveillance, which they too suspect
02:43:16 surveillance, which they too suspect came about due to their vocal and again justified criticism of the Met's response to Ricky's death. They too were targeted for surveillance. They are disturbed that the Met denied for many
02:43:27 disturbed that the Met denied for many years that any direct spying had taken place on family justice campaigns. And
02:43:42 place on family justice campaigns. And when evidence of this was discovered and discussed, no efforts were made to tell Sukdev that she had been spied upon in this way. So, a particular concern arises from an SDS briefing note concerning the Steven Lawrence campaign alleging extreme left-wing involvement in extreme white right-wing groups
02:43:57 in extreme white right-wing groups racist activities in London. It's dated September of 1998.
02:44:10 September of 1998. It states, "At the time of preparing this statement, windmill Tilta HN81 is reporting another significant breakthrough for MFJ. On Wednesday evening the 2nd of September, they cemented good liaison contact with Suk Deb Real Real Ricky
02:44:29 contact with Suk Deb Real Real Ricky Real's mother and are now planning to assist her in mounting a large-scale campaign against the police. It's important to emphasize here the extent
02:44:40 important to emphasize here the extent to which the real's case has potential to cause police embarrassment to the same scale as the Lawrence case. Certainly, so far as Mrs. Wheel and the activists are concerned, there are glaringly similar racial overtones
02:44:54 glaringly similar racial overtones between the police handling of both investigations. again will windmill tilt HN81 will be ideally positioned to monitor important developments in the months again ahead.
02:45:12 developments in the months again ahead. So once again, this important disclosure evidences the inappropriate level of interest that the SDS had in campaigns like likely to in campaigns likely to
02:45:24 like likely to in campaigns likely to criticize the Met and the use of HN81 to collect intelligence on such campaigns that could be fed back through through conduits with CO24 and other limbs of the Met. This evidence makes clear that
02:45:38 the Met. This evidence makes clear that either the reels were directly targeted by the SDS or that HN81 was encouraged to use his position to survey and glean intelligence on the campaign, specifically in order to monitor the
02:45:51 specifically in order to monitor the potential cause of police embarrassment on the same scale as the Lawrence case. As I cite from the text, this sir was not collateral intrusion. It was a
02:46:06 not collateral intrusion. It was a direct and cynical attempt to gain intelligence on the campaign of a grieving family. Finally, sir, I'm going to come to a chapter on missing evidence and conclusions.
02:46:18 and conclusions. Our clients clearly fear they are likely never to uncover the full extent of their surveillance by the SDS.
02:46:29 SDS. At paragraph 135 of our opening, we set out seven reasons for our concern, which note the multiple sources pointing to
02:46:41 note the multiple sources pointing to the destruction and disposal of relevant evidence by the Met, as well as an intentional use of verbal briefings in sensitive areas such as the targeting of the family justice campaign.
02:46:53 the family justice campaign. Sir, for those seven reasons, any perceived absence of records evidencing direct targeting of family justice
02:47:05 direct targeting of family justice campaigns cannot support a conclusion that they were not in fact directly targeted. The inquiry must consider the evidence available to it and make full findings where possible.
02:47:16 findings where possible. We note just one example of clear interest in a family justice campaign
02:47:28 interest in a family justice campaign which did not then find its way into the contemporaneous intelligence reports obtained by the inquiry. As I've already mentioned, the real family were particularly appalled by the
02:47:41 family were particularly appalled by the re revelation that an undercover officer HN81
02:47:42 HN81 David Hagen had apparently went out of his way to offer Sukdev reel a lift home after a meeting. There was no surveillance value in
02:48:02 There was no surveillance value in driving Suk Deb home other than to gain more information about the family and their case. The absence of documents appeared to give the Met license to deny for many
02:48:14 give the Met license to deny for many years that any direct spying had taken place on family justice campaigns.
02:48:25 place on family justice campaigns. So at paragraph 130 in our writtening opening written opening we cite an important MPS document 0738094
02:48:35 which reports a meeting between HN81 David Hagen Assistant Commissioner Huitt who su initially led the Met's response to your inquiry
02:48:47 to your inquiry and Detective Superintendent Kredic, a senior oper investigating officer with
02:48:58 senior oper investigating officer with Operation Hearn, which took place on the 18th of August of 2014. This document shows that those three
02:49:09 This document shows that those three officers, some of whom were very senior, held a discussion about HN81's disclosure to Operation Herm that he had
02:49:20 disclosure to Operation Herm that he had met Suk Dereel and given her a lift list home.
02:49:22 home. They discussed the apparent inconsistency of this with their public statements and that, and I quote from the document, no documentation has been identified
02:49:35 no documentation has been identified detailing any targeting or infiltration by the SDS into any family member or any justice campaign or those justice campaigns themselves.
02:49:55 campaigns themselves. The senior attendees of that meeting did not see a need for a change in the public messaging. This document makes patently clear that when faced with a choice on whether to come clean,
02:50:07 come clean, the Met chose to hold the line, that family justice campaigns had not been directly targeted or infiltrated
02:50:18 directly targeted or infiltrated despite evidence to the contrary. So we suggest this one small example
02:50:29 So we suggest this one small example symbolizes the institutional failures of the Met. Not only the direct surveillance by the SDS of a grieving family of their and their campaign for justice,
02:50:41 justice, but also a high level cover up and refusal to acknowledge or account for
02:50:52 refusal to acknowledge or account for their surveillance until forced to by outside investigations. So once again, a focus on reputation management has continued at the expense of openness with bereieved families.
02:51:09 of openness with bereieved families. Those we represent can only assume there are many more examples of direct infiltration of family justice campaigns which will never see the light of day
02:51:26 which will never see the light of day due to the Met's institutional and I say this lack of cander and linked to that its irresponsible approach to documentation retention. Well, sir, perhaps most depressingly,
02:51:39 Well, sir, perhaps most depressingly, some 20 years after the Trunch 3 period, the KC report confirms that institutional racism, sexism, and homophobia continue to exist in the Met, as does
02:51:58 continue to exist in the Met, as does police defensiveness, and denial of the type that the core participants experienced. The report makes clear that the ME is still an institution that does not
02:52:10 still an institution that does not accept criticism nor own its failures and instead it looks for and latches on to small
02:52:22 it looks for and latches on to small flaws in any criticism only accepting reluctantly that any wrongdoing has occurred after incontributable controvertible evidence has been produced.
02:52:29 produced. Sir, it's happening to you. Such a culture allows wrongdoing, racism, sexism, and homophobia to persist.
02:52:41 sexism, and homophobia to persist. Families should not have to devote their
02:52:52 Families should not have to devote their lives to campaigning for justice because this institution refused to own its failures.
02:52:56 failures. and they certainly should never have been spied upon for doing so. So I conclude by saying they along with other justice activists hope that in
02:53:10 other justice activists hope that in making the difficult and brave decision to participate in this inquiry and to relive the trauma not only of the police failings towards them but also the
02:53:23 failings towards them but also the surveillance that took place. that this inquiry will recommend the changes necessary to stop other families ever having to go through the same. So I
02:53:34 having to go through the same. So I thank you for your attention and that concludes my remarks. Thank you. Uh Mr. Scobby is next I think.
02:53:51 Uh sir c can you hear me clearly? I can hear you perfectly clearly and I'm sorry you've started late and I know you've said you're going to or you may overrun a little bit. Um try to keep it as short as you can but I understand if you have to.
02:54:11 to. I'll do my best. Thank you very much indeed. Um I appear with Pierce Marquis uh from Douty Street Chambers and Paul Heron from the Public Interest Law Center.
02:54:15 Center. In this phase, we represent Youth Against Racism in Europe, Yre, an anti-fascist and anti-racist youth organization active in Britain. It also
02:54:28 organization active in Britain. It also had sections across Europe. Hannah Cell and Lewis Austin who were the Yre Secretary and national chair in the early 1990s. Lewis, a Yre activ activist who was a leading member of the
02:54:42 who was a leading member of the anti-fascist group at Kingsway College KFG.
02:54:45 KFG. Judy Bishan who was the national treasurer of McMillisent Labor and Dave Neist who was the MP for Southeast Coventry Labor MP between 1983 and 1992
02:55:02 Coventry Labor MP between 1983 and 1992 and a prominent member of militant labor thereafter. Our address to you today is a short summary of our written submissions which are detailed, fully argued and fully
02:55:15 are detailed, fully argued and fully referenced. They can be viewed on both the UCPI and the public interest law center websites and we urge you sir and all other listeners to focus on that version.
02:55:26 version. The way it was portrayed by Peter Francis's team yesterday was totally
02:55:39 Francis's team yesterday was totally inaccurate. bordering on the myopic. All of our core participants have provided statements to the inquiry which will also be published in due course. All of them were spied on to varying extents by Peter Francis. Lewis was the first
02:55:52 Peter Francis. Lewis was the first target. He was used as access to the principal target Yre who were in turn used to access the ultimate target
02:56:10 used to access the ultimate target militant labor. Our submissions focus on Peter Francis. Primarily they dismantle the false allegations that he has made about Yre participation in violence and disorder. They showed that the focus of the SDS was not on any objective
02:56:27 the SDS was not on any objective evaluation of the intelligence they were obtaining. Instead, it was on their trade craft, how deeply they could intrude on the lives and campaigning
02:56:38 intrude on the lives and campaigning activities of their targets. Ultimately, they demonstrate that France's deployment was wholly unjustified. The evidence around his deployment is some of the most difficult that this inquiry has had to assess.
02:56:55 inquiry has had to assess. First, Francis is a troubled individual diagnosed with unresolved PTSD and severe identity confusion. Secondly, he has provided numerous accounts over a
02:57:09 has provided numerous accounts over a period of more than 20 years. Parts of those accounts are true and parts of them plainly are not. The inquiry's first step to finding the truth is to look at which aspects of Francis's
02:57:20 look at which aspects of Francis's accounts are reliably corroborated and which are not. That process will include examining the evidence across the branches, particularly in respect of the
02:57:35 branches, particularly in respect of the systemic abuses that were perpetrated by the SDS.
02:57:37 the SDS. will also include analysis of Francis's own contemporaraneous reporting and the circumstances surrounding his deployment. A key feature and the
02:57:52 deployment. A key feature and the starting point for our submissions is Francis's motivation to be the best and the deepest swimmer. Across Francis's accounts, there is a
02:58:05 Across Francis's accounts, there is a common theme that we have detailed in our written submissions. He wanted above all else to be respected, regarded and included as among the best undercover officers that the SDS had
02:58:22 undercover officers that the SDS had ever had. That was the key feature of his identity of how he wanted to be seen. In the words of one of his managers, second best was unacceptable to him. To be the best in the SDS, an
02:58:41 to him. To be the best in the SDS, an officer had had to be what Francis calls a deep swimmer. The most respected and highly regarded officers across the whole of Special Brock. He inspire aspired to replicate the deployment of
02:58:53 aspired to replicate the deployment of his manager Bob Lambert who had who had done hands down the best SDS tour of duty ever. Lambert was celebrated as a very deep swimmer and as the officer who had been responsible for convictions of two
02:59:04 responsible for convictions of two people for arson at Dems. The Debum story had become folklore to the SDS. Francis wanted to be as deep a swimmer
02:59:20 Francis wanted to be as deep a swimmer as Lambert with his own standout episode that he hoped would make it into the annals of SDS folklore. the kind of success would have made Conra Conrad Dixon proud. There was a number of criteria by which the depth of a
02:59:34 criteria by which the depth of a deployment was judged. The first was risk.
02:59:35 risk. The closer an officer could show themselves to be to public disorder, violence or crime, the deeper the deployment and the greater the regard in which they were held. The second was the
02:59:52 which they were held. The second was the closeness of the relationships that they were able to form. The greater the deception, the greater the status. The third was the positions of responsibility that they could obtain without within their target groups. The
03:00:08 without within their target groups. The more central they could be, the greater status.
03:00:14 status. Another was the avoidance of compromise. If they could complete their deployment without breaching the SDS golden rule, i.e. without anyone knowing of the SDS's existence, the greater the perception of their ability and loyalty and the
03:00:30 their ability and loyalty and the greater status. To be the best, Peter Francis had to achieve or
03:00:41 Francis had to achieve or to be seen to be achieving each of these deep swimming or trade craft goals. Importantly, the management emphasis was not on an objective analysis of the value of the intelligence that these officers were reporting. Instead, it was on how far
03:01:00 reporting. Instead, it was on how far they could invagle themselves into the lies of their targets. The closer the better and the deeper the better. Withdrawal. The final criterion that marked how deep an officer swam was the
03:01:16 marked how deep an officer swam was the length of their deployment for Francis. This was to prove the most significant because it became the trigger for all that has happened subsequently. We have provided a detailed analysis of the
03:01:36 provided a detailed analysis of the circumstances around his withdrawal from the SDS in our written submissions. In essence, he was withdrawn against his will far earlier than he wished and earlier than his colleagues. His deployment had started in late September 1993. He had hoped to exceed the standard 5-year term and manage a
03:01:52 standard 5-year term and manage a groundbreaking 7 years. But after only 3 years of his deployment, he was told that his time was up. For Francis, who sought respect and wanted to be the
03:02:05 sought respect and wanted to be the best, it was a disaster. His self-image and sense of identity were essentially shattered. He was extremely angry about it. He dragged his tour of duty out to
03:02:17 it. He dragged his tour of duty out to the 4-year mark with an unauthorized and manipulative exfiltration. His anger was then exacerbated by what he saw as disrespect from his managers after his his deployment. He was signed off sick in October 1999.
03:02:33 off sick in October 1999. Finally, his managers decided that he was unfit to continue as a police officer and medically retired him from
03:02:44 officer and medically retired him from the MPS on the 12th of April 2001 at the rank of detective constable. The 2003
03:02:46 The 2003 statement, Francis's response in anger was to sue the MPS for psychiatric damages. He provided a statement in support of that claim in 2003.
03:02:59 claim in 2003. Unsurprisingly, that statement was conveniently ignored in France's opening submissions.
03:03:10 submissions. While psychological support and compensation are said to have contributed to the motivation behind the claim, Peter Francis's focus was undoubtedly on receiving an an apology
03:03:24 undoubtedly on receiving an an apology and a commendation. What he wanted first and foremost was the respect and recognition that would enable him to regain his identity as the best. The
03:03:40 regain his identity as the best. The 2003 statement is an exercise in self validation. Having failed the final criterion for qualifying as a deep swimmer, it is a desperate attempt to paint his deployment as worthwhile. I.e. to show that he was one of the deepest swimmers. to show that he had fulfilled
03:03:58 swimmers. to show that he had fulfilled the other criteria and show that he did everything that was asked of him. Consequently, that statement is a key document for two fundamental reasons. First, it is a signed statement of truth in court
03:04:11 signed statement of truth in court proceedings. Yet it contains numerous provable falsehoods about his own achievements and demonstrates the extent to which he is prepared to exaggerate
03:04:22 to which he is prepared to exaggerate and concoct them. As such, aspects of his occurrence that are designed to demonstrate how good or risky he was must be treated at best with skepticism or simply dismissed. Secondly, each
03:04:36 or simply dismissed. Secondly, each exaggeration or concoction is designed to show how good he was at doing what he had been told to do. It would be pointless to try to demonstrate that he
03:04:47 pointless to try to demonstrate that he was good at doing things that he was not authorized to do. As such, the statement demonstrates what the SDS management
03:04:58 demonstrates what the SDS management expected from their undercover officers in both tasking and trade craft. Where any aspect of Peter Francis's accounts
03:05:12 any aspect of Peter Francis's accounts goes to the methods used by the SDS and was what was expected of him, its credibility is bolstered by its inclusion in this statement. The Metropolitan Police settled the claim rather than defend it. Many of Peter
03:05:23 rather than defend it. Many of Peter France's allegations about SDS tasking and trade craft. Whilst initially denied or downplayed by the police have since been corroborated and proved the claim settled in June 2006, the interaction
03:05:40 settled in June 2006, the interaction between Francis and the SDS MPS over the next two years underscores
03:05:51 next two years underscores these two fundamental points. both his desire to be respected and the police desire to cover up their tasking and tradecraftraft. Francis tried desperately to be reaccepted and respected by the SDS to regain his identity as the best. The police
03:06:05 identity as the best. The police accommodated him, bringing him back into the fold. Although he had admitted to some of the most appalling tasking and tradecraftraft, including sexual
03:06:16 tradecraftraft, including sexual relationships, the police gave him the apology and commendation he sought. Francis's choice of guests at his commendation ceremony speaks volumes to the kind of officer he was. Bob Lambert, Trevor Morris were invited, attended,
03:06:30 Trevor Morris were invited, attended, and gave Francis a second SDS leaving party. Afterwards, Francis told his colleagues that he had been loyal, that he had still protected the unit throughout the civil claim. He was very
03:06:45 throughout the civil claim. He was very happy to be told he would be invited to the SDS 40th anniversary ceremony the following year. The difficulty was whilst Francis maintains even now there had been no comeback on the unit as a result of this civil claim, there
03:06:59 result of this civil claim, there clearly had been. The 2003 statement in court proceedings against the Metropolitan Police ensured that the upper echelons of the MPS could never deny that they knew exactly what kind of
03:07:14 deny that they knew exactly what kind of task and tradecraftrafts the SDS engaged in and how entrenched those practices were. In January 2008, 3 months after Peter Franc's ceremony and second leaving due, the SDS were
03:07:26 and second leaving due, the SDS were closed down in disgrace. Francis was told that because he was seen as disloyal for bringing the civil claim, he was no longer invited to the 40th party. For Francis, this was the final straw. He was so enraged as being
03:07:39 straw. He was so enraged as being labeled as loyal that his whole body was shaking till about 2:00 a.m. that night. The following day, he contacted a journalist, Tony Thompson. Ultimately,
03:07:51 journalist, Tony Thompson. Ultimately, the reason that Peter Francis blew the whistle on the SDS was anger. His subsequent suggestions of more noble motives must be looked at alongside the fact that up until October 2008, 11
03:08:06 fact that up until October 2008, 11 years after his deployment, his entire motivation was to be seen, respected, and included as one of the deepest swimmers. He desired that in the full knowledge that those swimmers had perpet per perpetuated been asked to per perpetuate the grievous abuses that had
03:08:21 perpetuate the grievous abuses that had been the subject matter of this inquiry. Being seen as a deep swimmer was fundamental to Peter France's selfimage as the best. It was the reason he exaggerated
03:08:34 exaggerated and concocted his own achievements and it's the reason the reason that he persists in maintaining much of that facade today. So the real reason for the early
03:08:45 So the real reason for the early withdrawal. The sad truth is that Francis was undoubtedly dedicated. He really did try to be the best and do what he was told. However, on any
03:08:57 what he was told. However, on any objective analysis of his reporting, he just did not have anything of value to report. In Metropolitan Police jargon, the real reason for France's withdrawal was that it was decided the custom
03:09:11 was that it was decided the custom requirement in respect of militant labor was not sufficient to justify his extension. In other words, even by SDS
03:09:23 extension. In other words, even by SDS standards, Peter France's deployment was completely pointless. He certainly was not, as he claimed to be, one of the most successful SDS field operators they had ever had. The real reason for his withdrawal underscores the extent to which Francis has concocted and
03:09:34 which Francis has concocted and exaggerated his own achievements. If his targets were really engaging in violence and disorder like he still maintains they were, he would never have been
03:09:48 they were, he would never have been withdrawn. The SDS have repeatedly tried to justify the unjustifiable, but even they could not justify his deployment. Public order, violence, and the illusion of risk. First criterion of deep
03:10:04 of risk. First criterion of deep swimming is for an undercover officer to be seen as being close to violence and therefore at risk. Exaggerating risk is a key feature of the evidence across the tranches. In tranch three is by no means
03:10:25 tranches. In tranch three is by no means limited to Peter Francis. H81's creation of a full sent to jeopardy to try to justify his infiltration of justice campaigns is another particularly egregious example. Risk exaggeration serves several key purposes for the SDS management. First,
03:10:36 purposes for the SDS management. First, it was used to justify the existence of the unit by ostensibly fulfilling the role of addressing public disorder. It provided the unit with a raise on det. Secondly, it was used as a disguise
03:10:52 Secondly, it was used as a disguise behind which the SDS could hide their real motivations. Again, HN81's deployment is a particularly noteworthy example.
03:11:07 particularly noteworthy example. Thirdly, it made the UCOs look good and it made their managers also look good. It promoted their self-im images as individual officers and as a unit of being brave and facing danger when in the vast majority of cases they were
03:11:18 the vast majority of cases they were doing nothing of the sort. Finally, it provided them with an excuse for their excessive fear of compromise. If the SDS could say that their officers face
03:11:31 could say that their officers face physical danger, they were discovered, then they could explain away their paranoia around security. In fact, the fear of compromise stem from a fear of
03:11:43 fear of compromise stem from a fear of having their targeting and trade craft exposed.
03:11:50 exposed. This gear is well described in the 2009 closing report on the SDS as pervasive within the security obsessed environment of the SDS operation like a pressure cooker for many constantly feeding such fears.
03:12:05 many constantly feeding such fears. Exaggeration of of risk was the real ultimate defense line that Jeff Craft described. The SDS needed it. As a result, the management engaged in it
03:12:19 result, the management engaged in it themselves and endorsed and encouraged it in their field offices. Whatever nonsense Francis has written about how dangerous his deployment was, the SDS management would not challenge it
03:12:32 management would not challenge it because on this point, their interests were so closely aligned with his targeting Yre and Kingsway College. For Peter Francis, the SDS management set out the risk level in his targeting
03:12:50 out the risk level in his targeting strategy. He was told that he was being targeted into a violent anti-fascist alliance that was a major threat to public order. Importantly, Francis was not being targeted to discover if this
03:13:02 not being targeted to discover if this new group was violent. He was being told that it was his role was to be confirmatory rather than investigative. The illusion of risk was central to his
03:13:13 The illusion of risk was central to his deployment. As such, it is still central to his self-image as one of the best SDS officers. It's the reason why despite all the evidence to the contrary, he still maintains that he was close to
03:13:29 still maintains that he was close to violence and disordered. Over the years of his various accounts, he's had to tone down his exaggeration concoction because they are so plainly untrue. We
03:13:42 because they are so plainly untrue. We have detailed three significant examples in our written submissions. A France's invention of a story around the Rick Clark compromise designed to bolster his account that he lived in the daily knowledge discovery would bring instant violence, retribution, and possibly
03:13:54 violence, retribution, and possibly death. All of that is fantasy. B. The concoction that he'd been the first ever SDS officer to travel abroad and had
03:14:07 SDS officer to travel abroad and had endured sleepless terrorfilled nights at an intense political education camp guarded by very violent anarchists with AK-47 assault rifles. SDS officers had been traveling abroad
03:14:25 SDS officers had been traveling abroad for over 20 years. The summer camp had a disco and a chill out tent. He parted enough to have a sexual relationship with an activist while he was that while he was there. The gun story like HN16
03:14:37 he was there. The gun story like HN16 James Straven Stravens is an invention designed to mimic Bob Lambert.
03:14:48 designed to mimic Bob Lambert. C. The imaginary violent dawn raids on Nazis that simply did not happen. The single exception to Peter France's pattern of toning down the extent of his exposure to risk is his account of the disorder at Welling on the 16th of October 1993.
03:14:59 October 1993. We have submitted a comprehensive and detailed analysis of the SDS reports on the welling disorder in our tranch closing submissions on behalf of Lindseay Chairman.
03:15:15 Lindseay Chairman. Those have not yet been published, but we ask the inquiry to publish them so that they can be read alongside our written submissions in this trunch. We do not have the time to summarize
03:15:32 We do not have the time to summarize those submissions today, but we urge you to consider them very carefully indeed. Lawful violence. More generally in respect of proximity to violence, Peter Francis has toned down to a 2023 acceptance that the majority of my
03:15:43 acceptance that the majority of my targets would only have been engaged in
03:15:54 targets would only have been engaged in defensive reactionary violence with the with the fascist groups. In the early 1990s, faced with mounting and and extreme
03:15:56 extreme uh racist violence from fascist groups such as combat 18, it became necessary to engage in defensive, i.e. lawful violence,
03:16:09 violence, particularly when an institutionally racist police force did nothing to prevent it. As Hannah cell has put it, the y stewarding group did not run from
03:16:21 the y stewarding group did not run from C18 or the BMP. They stood their ground and fought back. Francis still maintains that there were occasions when targets he was he was
03:16:33 occasions when targets he was he was responsible for initiating the violence, but a he is unable to recall any of those occasions and b his assertion is wholly unsupported by his reporting at the time.
03:16:49 the time. Otherwise, France's most recent comments on violence are marked by inherent inconsistency and an unwillingness to differentiate between lawful and unlawful violence. For example, at one point he states, "We
03:17:05 For example, at one point he states, "We as a group certainly instigated violence with the BMP. I, as part of that group, attacked people." A few pages later, when asked if he'd
03:17:20 A few pages later, when asked if he'd engaged in violence, he said yes, but only when he had to defend himself against riot police and fascists. When asked about incidents of public disorder or violence that he had witnessed or been involved in, he could only recall two that activists uh were said to have been
03:17:32 activists uh were said to have been involved in. One was an altercation between wiry members and fascists after a demonstration at a McDonald's where he recalls windows being smashed.
03:17:46 recalls windows being smashed. Coincidentally, this was the only incident that he appears to have reported.
03:17:51 reported. The second is the is the disorder at the Welling demonstration. It is noteworthy that the only example of bodily harm that Peter Francis can specifically recall from his deployment is of two uh women injured by police at
03:18:08 is of two uh women injured by police at Welling. It is also noteworthy that his most enduring memory appears to be linking arms to protect the group at the front with the stewarding group to
03:18:19 front with the stewarding group to protect the group from the BMP andor riot police. False allegations of violence. In our written submissions, we've noted a correlation between false reporting of the threat posed by demonstrators
03:18:34 demonstrators and subsequent violent police responses to demonstrations. Francis drafted numerous reports on individuals in which he flagged them as violent. In every case, there was no evidence
03:18:45 In every case, there was no evidence provided to suggest that they really were. Every one of those individuals had their police records marked accordingly. The SDS illusion of risk created a genuine risk both to individual
03:19:00 genuine risk both to individual protesters to public order as a whole. We've given a detailed account of the impact of this kind of reporting on Lois Austin at court on January 1994. She and 30 other activists were brutally
03:19:11 30 other activists were brutally assaulted by uniform police officers in an unprovoked and u premeditated attack. The surrounding evidence suggests that she was targeted specifically as a
03:19:28 she was targeted specifically as a result of the constructed image of her as someone violent and needing to be contained. The same was true at Welling. SDS reporting created an exaggerated sense
03:19:39 reporting created an exaggerated sense of jeopardy and risk which led to brutal and unprovoked assaults on protesters,
03:19:55 and unprovoked assaults on protesters, including those that on July Wat that we addressed in our tranch 2 closing. Both Julie Waters and Lois Austin sued the police for the assaults they were subjected to. Both of them were successful. In our written submissions, we have
03:20:07 In our written submissions, we have noted a further point. There were three significant police riots in the early part of the tranch period. Welling's court and the criminal justice demonstration hyde park in October 1994. Every report that this inquiry has on
03:20:18 Every report that this inquiry has on these three demonstrations were obtained from security service archives. The Metropolitan Police did not provide a single one, the true picture. We have conducted a thorough and
03:20:30 We have conducted a thorough and detailed analysis of all of France's reporting in our written submissions. It conclusively demonstrates that his allegations of violence and disorder are false. There is no written record to
03:20:45 false. There is no written record to substantiate the picture that he's tried to present. In fact, the opposite is true. The vast majority of his reports
03:20:56 true. The vast majority of his reports on demonstrations, rallies, and pickets a expect no disorder and b describe no disorder. There is no there is one report that describes minor disorder in 1993 and that lacks any meaningful detail. There are two in 1994.
03:21:07 detail. There are two in 1994. Both are consistent with wire stewards acting in self-defense or the defense of others. 1995 Francis reported that two
03:21:18 others. 1995 Francis reported that two demonstrators were arrested for having a heated debate with police officers. There are no reports describing disorder from 1996 or 1997.
03:21:30 from 1996 or 1997. Metropolitan Police or the SDS may well destroy, mislay or withhold material that damages their reputation. The police riot reports are a prime example, but it makes no sense at all they would lose or destroy the very
03:21:43 they would lose or destroy the very reports that could go to justifying the existence of the SDS. The evidence corroborated by the reporting is that
03:21:55 corroborated by the reporting is that there was no public order violence or criminality justification for Peter Francis's deployment. In fact, the opposite is true. A Search Light report containing a comprehensive
03:22:08 Light report containing a comprehensive analysis of the criminal convictions of members of far-right groups notes a clear and considerable decline in fascist violence between June 1994 and January 1998. That decline in fascist violence corresponds exactly with a subsequent
03:22:30 corresponds exactly with a subsequent decline in anti-fascist activity that is clear from Peter Francis's reporting. This correlation demonstrates two fundamental points. First, if the fascists are not attacking people, then there's no need to defend communities. Y
03:22:43 Y activity declined because the need for them to defend others declined. Secondly, the fascist violence declined immediately after united activist and community response.
03:22:59 community response. Anti-fascist community protection stops violent fascist crime. Militant labor. The bulk of France's reporting covered militant labor. They've been a primary target of government and the social services
03:23:13 government and the social services throughout the 1980s, largely focused on their involvement in militant trade unionism. MI5 as special branch had been covering militant for well over a decade. By the time that Francis was
03:23:26 decade. By the time that Francis was deployed, MI5 had their own internment coverage,
03:23:28 coverage, the Westmin special branch had deployed an agent into the constituency office of Dave Nellis when he was MP for South East Coventry. They even opened a
03:23:42 East Coventry. They even opened a special branch file on him in the year that he was elected as an MP. We note that the Home Office has insisted on the inquiry limiting its terms of reference in relation to TR 5 that has ensured that this important chapter of
03:23:54 that this important chapter of undercover policing on an elected member of parliament has been excluded from the inquiry. The Home Office should
03:24:05 inquiry. The Home Office should reconsider their position. In May 1992, the security services assessed the sub service the subversive threat as low. As a result, they scaled back their interest in groups such as the SWP and
03:24:16 interest in groups such as the SWP and militant. They retained an interest in such groups, particularly in relation to industrial disputes and reporting on militant trade unionism. Consequently,
03:24:28 militant trade unionism. Consequently, there's little doubt that MI5 would have gratefully received Peter France's reporting on the employment and trade union membership of medicine members. Of the 109 national of 109 nominal
03:24:44 the 109 national of 109 nominal proformers that France has completed, 39 contain employment or union details. Such reports would also have been valued by special branch customers such as list X companies.
03:24:58 X companies. MI5 would also have had some residual interest in France's reporting on militant organizational structure, conferences, internal elections,
03:25:09 conferences, internal elections, membership, finances, and bank details. But his reports lack the detail and thoroughess of those prepared by the many officers before him who had infiltrated the SWP. The other
03:25:24 infiltrated the SWP. The other significant topic covered by Francis in his reports on activists is their sexuality, relationship, and me family details. One particular concerning aspect of Franc's most recent statements is
03:25:35 Franc's most recent statements is reference to the use of potentially compromised information to recruit informers by blackmailing them. This use of personal information is corroborated
03:25:47 of personal information is corroborated elsewhere in the evidence. If Francis is right, the special branch had an an had an acronym mice, money, ideology, compromise, ego to describe the process that would suggest the press the practice was systemic.
03:26:00 practice was systemic. Blackmail is towards the higher end of the hierarchy of criminal offending. It is ironic. Whilst Francis was not
03:26:11 is ironic. Whilst Francis was not reporting on any criminal activity, his reporting may well have been facilitating it. It's difficult to see how France's intelligence could be said to be reporting very high-grade intelligence about people working for militants
03:26:22 about people working for militants unless it was being used for talent spotting or vetting, blackmailing or blacklisting.
03:26:34 blacklisting. The rest of Francis's report ranged from the pural to the tedious. Overall, it was it was what the SDS closing report describes as tip bits of idle gossip that simply padded out an otherwise
03:26:50 that simply padded out an otherwise redundant operational deployment. By the summer of 1995, not even two years into Francis's deployment, MI5 appear to have stopped archiving his reports. By May 1996, they'd wound down their study of allegedly subversive groups to a
03:27:02 allegedly subversive groups to a watching brief. The SDS management recognized that there were no public order issues for Francis to report on. Peter Francis has simply been reporting
03:27:16 Peter Francis has simply been reporting on people who matched his own definition of subversive i.e. people who really wanted to change society. His reporting was not counter subversive. It was anti-democratic
03:27:31 anti-democratic tradecraftraft and tasking. While Francis's accounts of his own achievements do not stand up to scrutiny, his desperation to prove himself a deep swimmer gives a reliable indication of what he'd been told to do
03:27:42 indication of what he'd been told to do in order to be one. His trade craft and targeting emphasize the depths to which the SCS had sunk and how entrenched the worst of their practices had become. In our written submissions, we've addressed
03:27:58 our written submissions, we've addressed various aspects that we do not have time to deal with now. They include Peter Francis's encouraging activists to engage in disorder. They demonstrate the SDS's return to targeting their officers into positions of influence and
03:28:12 into positions of influence and responsibility. They demonstrate the contempt that the SDS held for the activists they spied on. We've also addressed the extent to which Francis
03:28:21 Francis uh has exaggerated his engagement in sexual relationships whilst he was deployed once again by trying to show he was the best he has demonstrated how
03:28:34 was the best he has demonstrated how entrenched this practice was in the SDS. Appallingly, contrary to what he told the civil court in his 2003 statement, Francis was not overly concerned about being unfaithful to his wife. He
03:28:47 being unfaithful to his wife. He actually chose to make it part of his persona that he was a person who had casual sex as part of his character. He specifically designed his infiltration as a means of having sexual
03:28:58 as a means of having sexual relationships outside of his marriage with the consent with the consent of his manager.
03:29:09 Francis's bragging on this issue has had unfortunate consequences for for Judy Bishan. As a result of a rumor that can only have originated from him, SDS
03:29:20 only have originated from him, SDS officers came to the fourth conclusion that he had engaged in a sexual relationship with her. That rumor was repeated to Operation H in 2013.
03:29:31 repeated to Operation H in 2013. Rather than give Judy the opportunity to repeat to rebut the false allegation, Operation H decided in 2016 they would not approach her for her recount. That
03:29:44 not approach her for her recount. That was an appalling decision because it has allowed this the rumor to be discussed within the Metropolitan Police and this
03:29:56 within the Metropolitan Police and this inquiry right up until she was informed on the 21st of June 2024. As far as we are aware, Peter Francis has never suggested that his affair was with Judy Bisham. However, by refusing to confirm or deny it, he has allowed it to be
03:30:07 or deny it, he has allowed it to be implied. In her rule statement, Judy Bisham has now comprehensively rebuted the suggestion that she engage in any
03:30:19 the suggestion that she engage in any form of sexual relationship with Peter Francis. She is more than willing to come to this inquiry and rebut it in person should that be required. The final area of trade craft addressed in
03:30:30 final area of trade craft addressed in our written submissions is interference with justice and justice campaigns. Once again, Francis's 2003 statement provides real insight into what the SDS wanted
03:30:44 real insight into what the SDS wanted from him. In this case, the tasking he was given is not such a reliable indicator of how good he was at it. The Metropolitan Police Service is most definitely interested in justice
03:31:02 definitely interested in justice campaigns that address police racism and brutality and bundle investigations. As Michael Mansfield, Kings Council has said, "The culture of institutional defensiveness that has pervaded police forces for decades was palpable at that
03:31:15 forces for decades was palpable at that point in time. Peter Francis though was not in a position to assist characteristically to show how successful he was in the tasking he had been given. He claimed to have done very good work with the black campaign organizations.
03:31:29 organizations. Notably, he also thought this very good work would or should have stopped his withdrawal. Our analysis of his accounts and reporting demonstrate that he was not as close to justice campaigns as
03:31:40 not as close to justice campaigns as he's portrayed himself as being. For example, of the 15 or so campaigns that he lists himself as spying on in his 2003 statement, he actually reported on
03:31:54 2003 statement, he actually reported on two. Even that reporting was infrequent and sparse. Ironically, Francis would have been in a position to report on the campaigns if he had not moved on from his original target, Lewis. After February 1994, there was little or no
03:32:11 February 1994, there was little or no reporting at all from Francis on him. In keeping with standard SDS tradecraftraft, once France had gained access to wire and militant, he moved on. The result was that when the KFG
03:32:26 on. The result was that when the KFG became the movement for justice, MFJ, a group more heavily focused on justice campaigns, the militant Francis was not in a position to report on them. Moving
03:32:37 in a position to report on them. Moving on was France's biggest mistake and the decision that ultimately led to his early withdrawal. As the security services interest in militant declined, the Metropolitan Police's interest in
03:32:49 the Metropolitan Police's interest in justice campaigns and particularly the Steven Lawrence campaign increased dramatically. It must have been particularly gling for Francis that just four months after he had suffered the shame of an early withdrawal from the SDS, Bob Lambert arranged for HN81
03:33:04 SDS, Bob Lambert arranged for HN81 to visit him at his home. Francis had to then brief his successor on Lewis, other former KFG members, and what little he knew the Lawrence family
03:33:16 little he knew the Lawrence family campaign. HN81's targeting of Francis's former targets once again demonstrates that in his 2003 statement, France has given an accurate account of what he'd been told to do and a wholly inaccurate
03:33:31 been told to do and a wholly inaccurate account of how good he was at doing it. The Metropolitan's police police's institutional defensiveness and culture of protecting their own led to instances of interference with justice that went
03:33:44 of interference with justice that went beyond intelligence gathering on justice campaigns. The tranch period is characterized by increased reporting on lawyers and apparently increased willingness to disregard legal professional privilege.
03:33:59 disregard legal professional privilege. There are also examples of a willingness to interfere in civil actions against the police. We shall address those in our opening submissions in the next
03:34:10 our opening submissions in the next phase of this tranch. The evidence Peter Francis illustrates the extent to which the conduct and culture within the SDS
03:34:23 the conduct and culture within the SDS rendered individual officers ills suited to the role they were tasked with. This is particularly true of Francis. His approach was to exaggerate his own actions, his own achievements, and the significance of his intelligence. Far from being the best, as he sought to
03:34:39 from being the best, as he sought to portray himself, Francis was emblematic of the worst aspects of the SDLs, SDS, self arandizing, exaggerating his own risk and the intelligence he provided. Instead of providing meaningful
03:34:53 Instead of providing meaningful intelligence about the activities of the Y or militant labor, his occurrence was so poor and meaningless that it
03:35:06 so poor and meaningless that it undermine the confidence in the SDS and the unlawful edi edifice of political policing as a whole. Thank you. Thank you very much. And you did not overrun by more than a minute or two. Um may I just mention one uh topic that you raised in in your opening remarks?
03:35:20 raised in in your opening remarks? Um Judy Beishan has made a statement in which as you rightly say she flatly denies uh any sexual encounter with Peter Francis. Yeah.
03:35:30 Yeah. Uh I have not asked her to give evidence oral evidence to support her denial simply because I have no present reason to doubt it. And if that remains the position then nothing more will be said about it. Um sir, thank you very much
03:35:44 about it. Um sir, thank you very much indeed for that indication. That's very helpful. Thank you. Now, do you need an hour off for lunch? 55 minutes. Uh we'll take 55 minutes for lunch and start uh at 5 2.