First day of opening statements for Tranche 2 Phase 2 hearings covering SDS operations 1983-1992. David Barr KC (Counsel to the Inquiry) provides comprehensive overview of seven open undercover deployments into animal rights movement, detailing sexual relationships, use of deceased children's identities, alleged criminality, and management failures. Peter Skelton KC (Metropolitan Police), Oliver Sanders KC (Designated Lawyers), and other representatives make opening submissions.
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00:25:34 good morning every everybody uh this is the beginning of the second part of the second trch of the inquiries uh substantive evidential hearings uh Mr bar KC Council for the inquiry is going
00:25:52 bar KC Council for the inquiry is going to make his opening statement which will take him I'm told about two hours uh at the end of that we will have a short break and then resume with other openings uh what it everybody says by way of opening will be um broadcast but subject to a 10-minute
00:26:17 delay Mr Bon thank you sir uh we now commence phase two of trange two of our hearings during this phase we will be ucing evidence in relation to our investigations of the deployments of
00:26:30 investigations of the deployments of seven open former SDS undercover police officers that is to say those whose cover names have not had to be restricted we intend to call four of them to give oral evidence a great deal of the reporting
00:26:45 evidence a great deal of the reporting of six of these seven undercover offices relates to animal rights activists examining the SS's infiltration of the animal rights movement will be a very
00:26:58 animal rights movement will be a very important part of our task in phase two 26 members of the public who were affected by the deployments of the phase 2 offices will be providing evidence
00:27:12 2 offices will be providing evidence either in person or in writing 22 are due to give oral evidence witness statements made by 11 closed former SDS undercover police
00:27:27 closed former SDS undercover police officers and the former partner of one of these offices will be published subject to the oper ation of the Restriction order process likewise documents from our investigation of all trench 2 era closed
00:27:38 trench 2 era closed uos some closed former officers will be giving oral evidence in closed hearings at a later date closed officers are those whose real and cover names have had to be
00:27:50 had to be restricted we have investigated 14 former SDS managers as part of our TR 2 investigation and have been able to obtain witness statements from nine of
00:28:04 obtain witness statements from nine of them those statements and documents will be put into evidence the remaining managers were either deceased or too ill to give
00:28:14 to give evidence five former managers are due to give oral
00:28:24 give oral evidence in addition we will be putting into evidence various documents which are relevant and necessary to the investigation but which are not specifically associated with an indiv individual manager former undercover officer or civilian whether the undercover
00:28:35 civilian whether the undercover deployments in question were capable of justification the sexual deceit of women both admitted and alleged reporting on black Justice
00:28:54 black Justice campaigns the alleged participation of undercover police officers in serious offending potential miscarriages of Justice failure to declare the involvement of cover police officers to prosecutors or
00:29:05 prosecutors or courts violation of Legal Professional privilege alleged participation in TS the influence of uos within groups the continuing use of deceased children's identities and officer welfare will be
00:29:18 identities and officer welfare will be key aspects of our investigation in this phase so too will the knowledge attitude
00:29:35 phase so too will the knowledge attitude actions or in actions of managers within the SDS in relation to these and other issues standing back from specific events the culture of the unit will remain an important overarching theme I
00:29:46 remain an important overarching theme I will concentrate mainly on outlining the seven open deployments which we are investigating and seek to draw out the key events and issues which arise in
00:29:57 key events and issues which arise in each case whilst touching upon some of the evidence that will be
00:30:11 the evidence that will be uced hn11 detective Sergeant Mike chitty use aover name Mike Blake he was deployed between April 1983 and June 1987 into the animal rights movement in South London particularly the South London animal movement or
00:30:27 London animal movement or slam our understanding is that Mr chitty lives abroad we have not been able to obtain witness statement from him consequently he will not be giving oral evidence however we are putting into evidence notes of his interviews with
00:30:40 evidence notes of his interviews with police officers from operations Hearn and sparkler as well as necessary documents from amongst those that we have
00:30:47 have recovered DS chitty on his own admission entered into sexual activity with female activists whilst he was
00:30:58 activists whilst he was undercover this included a relation ship with the woman we are calling Lizzy he is recorded as having told officers from operation Hearn that during a long deployment undercover officers could not keep avoiding
00:31:10 officers could not keep avoiding relationships and soft drugs he is also recorded as telling operation Hearn that SDS managers would have known that
00:31:26 SDS managers would have known that undercover officers were having sexual relationships but not condone them a particularly striking aspect of his conduct is that he remained in contact with members of his Target group
00:31:37 with members of his Target group including Lizzy after his deployment had ended this was eventually discovered there is evidence that DS chitty went so far as to propose marriage to Lizzy GS chitty is recorded as
00:31:49 Lizzy GS chitty is recorded as describing slam to operation Hearn as a group which was quote never really up to much and didn't warrant the reputation that they
00:32:03 that they had a comment clearly relevant to the issue of
00:32:05 issue of justification however there is some evidence that DS chit's intelligence was thought to be of value for public order policing
00:32:14 policing purposes DS chitty also reported on the animal Liberation Front or Alf and other criminal animal rights
00:32:27 criminal animal rights activity both the accuracy and utility of the reporting will need to be examined Robin Lane socialized and campaigned with Mike Blake extensively including for example at meetings and
00:32:44 including for example at meetings and parties held in people's private homes he describes Mike Blake as a close friend and low-level campaigner in Slam detective Sergeant chitty was one
00:32:57 Slam detective Sergeant chitty was one of 18 people arrested at a British Union against VI section or buav demonstration on the 4th of November
00:33:12 November 1984 which led to him being charged with obstructing the highway and remanded to appear at T's magistrates court on the 2nd of January 1985 he is recorded as having pleaded guilty and having been bound over he appeared with numerous others some of
00:33:23 appeared with numerous others some of whom pleaded guilty and others who did not the Rea of management as it was in some other cases of SDS uos being
00:33:40 some other cases of SDS uos being prosecuted was that it would improve his standing within his Target group the documents record that the chain of command was informed of events up to and including the commander Ops there is no reference to the court
00:33:54 Ops there is no reference to the court or prosecution being informed although there is a reference to Liaison being maintained with the chief superintendent lintot detective Sergeant chitty is
00:34:06 lintot detective Sergeant chitty is recorded as telling operation Hearn that he believed that detective Sergeant Bob Lambert had led the cell which attacked deham stores of which Jeff Shephard and Andrew Clark were
00:34:18 Andrew Clark were members however he had no direct knowledge of events and a strong dislike of DS Lambert in his first hear
00:34:33 of DS Lambert in his first hear interview he is recorded as stating that he knew Jeff Shephard well and thought that he would follow anyone however in a subsequent interview he is recorded as telling police that he only met Shepherd once detective Sergeant chitty is
00:34:51 once detective Sergeant chitty is recorded as telling operation Hearn that Lambert bragged about fathering a child through a relationship whilst deployed and that it was common knowledge in the office at the time that Lambert had fathered a child he is recorded as telling
00:35:03 child he is recorded as telling operation sparkler that he was aware of
00:35:14 operation sparkler that he was aware of Lambert's sexual relationships with both Jackie and Belinda Harvey the bragging he appears to have told operation sparkler was confined to fellow uos the notes of DS chit's second interview with operation Hearn record
00:35:27 interview with operation Hearn record allegations that it would not be unusual for uos to withhold intelligence about serious events to avoid having to give evidence in court and thereby bring
00:35:40 evidence in court and thereby bring their lucrative deployments to an end they also record an allegation that intelligence reports were sometimes significantly altered by a
00:35:51 significantly altered by a supervisor there is evidence that DS chit's SDS work had a considerable negative effect upon him as it has on others he set out the nature and consequences of these problems in a
00:36:05 consequences of these problems in a letter to the commissioner dated the 13th of March 1994 a consultant psychiatrist
00:36:16 1994 a consultant psychiatrist subsequently assessed him as having been psychologically unsuitable for the undercover work that he did and subsequently inadequately supported the conclusion to the psychiatrist report States quote he comes across as a modest
00:36:34 States quote he comes across as a modest man who has been damaged by his work and the lack of appropriate support and counseling throughout his ordeals these documents were created in the context of disciplinary proceedings against DS chitty which led to him being reduced to the rank of constable DS
00:36:49 reduced to the rank of constable DS chitty relied upon the effects of his deployment as mitigation he was subsequently medically discharged from the Metropolitan Police Service
00:37:02 the Metropolitan Police Service the proceedings against DS chitty which related to his travel and subsistence claims whilst working on protection duties after his SDS deployment had concluded precipitated a crisis for SDS managers in
00:37:17 managers in 1994 they feared that he would respond by publicly exposing the SDS which he threatened to do Management's reaction
00:37:28 threatened to do Management's reaction would be the subject of examination in TR three when we intend to call the relevant
00:37:34 managers detective Sergeant Robert or Bob Lambert infiltrated London Greenpeace in North London and other groups between 1984 and 1989 his ultimate Target was the
00:37:51 1989 his ultimate Target was the ALF he used the cover name Bob Robinson which in accordance with standard SDS practice was based upon the identity of a deceased child he will be giving oral evidence DS Lambert is known to have
00:38:06 evidence DS Lambert is known to have entered into at least four deceitful sexual relationships and to have fathered a child who we are referring to as TBS with an animal rights activist who we are referring to as Jackie a
00:38:19 who we are referring to as Jackie a woman who we are referring to as CTS appears to be the first person with whom Lambert formed a deceitful sexual relation a ship early in his
00:38:33 relation a ship early in his deployment DS Lambert admits that he did form a sexual relationship with her Martin low was active within London Greenpeace at the time his written
00:38:44 Greenpeace at the time his written account to the inquiries that it was cts's first relationship the relationship was not hidden from other activists DS Lambert was much older than CTS she was boted with him and really
00:39:04 CTS she was boted with him and really badly hurt when he broke up with her the breakup affected Mr Low's friendship with
00:39:11 with CTS Mr low will give oral evidence and we will explore discrepancies between his account and DS Lamberts there is no dispute that Jackie was deceived into a sexual relationship
00:39:23 was deceived into a sexual relationship by DS Lambert without his disclosing his real
00:39:24 real identity their path crossed at a demon rtion outside Hackney Town Hall in the Autumn of
00:39:35 Autumn of 1984 and on Jackie's account they began dating a few weeks later after DS Lambert invited her out for dinner she ended the relationship in early
00:39:50 ended the relationship in early 1987 but maintained contact with Bob Robinson however there are numerous differences in the accounts of the relationship provided by Jackie Lambert and other Witnesses some of which we shall need to
00:40:02 shall need to explore Jackie has provided a witness statement describing how she fell completely in love with Bob Robinson and wished to settle down and start a family with him she explains the impact which
00:40:20 with him she explains the impact which Bob Robinson's departure had on her her attempts to find him and the serious consequences of discovering his deception she will be giving oral evidence TBS Jackie and Bob Lambert's
00:40:36 evidence TBS Jackie and Bob Lambert's son was born during the relationship and has made a written witness statement which will be put into evidence it provides a moving insight into how the events we are investigating not only made but have also shaped his
00:40:52 also shaped his life Bob Lambert has stated to the inquiry that he informally told detective inspector Barber about his sexual relationship with Jackie that she
00:41:04 sexual relationship with Jackie that she was pregnant and that he believed he was the father according to Lambert the conversation took place in a pub and concluded with Detective inspector Barber deciding that he did not need to
00:41:18 Barber deciding that he did not need to report the matter and leaving Lambert to deal with the situation di Barber is deceased we therefore do not have his account DS Lambert told operation Hearn of a
00:41:30 DS Lambert told operation Hearn of a third brief sexual relationship with a female London Greenpeace activist he has expanded upon that admission in his
00:41:44 expanded upon that admission in his witness statement for the inquiry inire identifying her as a woman who we are calling
00:41:49 calling RLC he states that this relationship took place sometime in
00:41:56 1986 Belinda Harvey has stated that she was a recent graduate and not an activist making her way in London when she met Bob Robinson at a house party in East London in April
00:42:11 East London in April 1987 she describes how Bob Robinson soon asked her out on a date an assertion corroborated by a letter which she has exhibited she states that she quickly fell in love with him and changed the
00:42:25 fell in love with him and changed the course of her life as a result of the relationship on her account the relationship lasted for one year and 10 months he lied to her about his real age and sought to draw her into
00:42:37 draw her into activism the fact that they were in a relationship was obvious and not hidden she was deeply troubled when her former
00:42:48 she was deeply troubled when her former home was raided by police purporting to look for Bob Robinson and distraught when Bob Robinson told her that he had to flee the country and wanted to go with
00:43:01 with him discovering who Bob Robinson really was in
00:43:10 was in 2011 had a profoundly negative effect on her and her family she is deeply hurt and feels angry and violated Bob Lambert admits the fact of the relationship although there are differences between their accounts which we shall explore where
00:43:25 we shall explore where necessary we will be hearing oral evidence from Belinda Harvey a witness statement obtained by operation sparkler from Simon terain a
00:43:36 operation sparkler from Simon terain a close friend of belinder who states that he was also befriended by Bob Robinson will be admitted in writing Mr Tain has since passed
00:43:50 since passed away DS Lambert has set out two grounds for believing that managers might have known about or suspected his sexual relationship with Belinda Harvey first he states that a field officer gave him to understand that management had
00:44:04 to understand that management had photographic evidence showing them together second he alleges that
00:44:15 together second he alleges that detective Sergeant Mickey couch found a photograph of them together when Diaz couch searched his flat Diaz's couch does not recall finding any such photograph there are significant
00:44:28 photograph there are significant allegations made against DS Lambert to the effect that he both incited and participated in serious criminal offending of particular note it is
00:44:43 offending of particular note it is alleged by a number of witnesses that he helped to plan and then participated in the planting of improvised incend devices or iids at deon's department stores on the night of 11th to the 12th of July
00:44:59 night of 11th to the 12th of July 1987 three stores at Luton Harrow and Romford were damaged as a result the Luton store very seriously Andrew Clark and Jeff Shephard were later convicted for offenses relating to the attacks and subsequent activity creating new
00:45:16 activity creating new iids an appeal against conviction based upon DS Lambert's alleged actions and undisclosed role is currently before the court of appeal we have obtained a short contemp BBC news report about the
00:45:46 attacks is said to have started in
00:45:59 the police have sealed off the lonand Center to search the deham store which was by far the worst damaged of the three according to a police spokesman parts of the store are dangerous because of the risk of damaged fittings falling from the roof the fire here is said to have started in the basement and spread
00:46:16 have started in the basement and spread upwards a warning of incendiary devices at several devanam stores was given by an anonymous caller to the Press Association in the early hours of this morning claiming to represent the animal Liberation Front he said the attacks
00:46:27 Liberation Front he said the attacks were a form of economic sabotage against stores in the the West End and the rest of the country who sell fur
00:46:35 coats thank you the most serious allegations concerning the attacks on deams fall to be considered amongst a great deal of evidence alleging that
00:46:47 great deal of evidence alleging that Lambert participated in other crimes or was arrested on suspicion of having committed an offense some of it is disputed some of it is not DS Lambert was arrested with others in the course
00:46:58 was arrested with others in the course of a protest at Murray's meat market in Brixton on the 7th of December 1985 he and four others including Jeff Shephard are recorded as appearing in court and being bound over he was
00:47:11 court and being bound over he was represented by the same counil as his fellow defendants appeared before the court and is recorded as giving evidence in his cover identity the Contemporary
00:47:25 in his cover identity the Contemporary documents also evidence the fact that a senior local police off officer was informed of DS Lambert's true identity but there is no record that the court was
00:47:37 was informed Bob Robinson was also arrested on the 28th of February 1987 while present at a sabotage of the cwy and horse hunt DS Lambert is alleged to have been the driver on the night when the window
00:47:50 the driver on the night when the window of a butcher shop in rampton was broken Chris Bailey was accused of breaking the window and convicted for criminal damage he alleges that DS Lambert knew that it
00:48:11 he alleges that DS Lambert knew that it was a third person who in fact broke the window yet nothing was done to prevent him from being convicted he further alleges that DS Lambert possessed supplied and smoked cannabis before they traveled to rampton detective Sergeant Lambert is
00:48:27 rampton detective Sergeant Lambert is accused of perpetrating an arson attack on the empty home of a director of the company
00:48:31 company biorx or at least giving that impression to Jeff Shephard who states that he was acting as a lookout when Lambert pushed something through the letter box Paul grait states that Bob Robinson admitted
00:48:45 grait states that Bob Robinson admitted the offense to him and chronicled it in the London Alf news detective Sergeant Lambert denies the occurrence of the Bix incident Paul grait accuses DS Lambert
00:48:56 incident Paul grait accuses DS Lambert of writing or contributing to leaflets which incited criminal Acts including a
00:49:13 which incited criminal Acts including a leaflet entitled you are the ALF and as just mentioned the London Alf news DS Lambert denies the latter and has no recollection of the former many witnesses have provided witness statements in which they describe Bob Robinson claiming to have committed criminal offenses in the
00:49:26 committed criminal offenses in the furtherance of the cause of animal rights
00:49:30 rights for example pouring paint stripper on a car used by a director of biox using etching fluid against the window of a
00:49:41 etching fluid against the window of a McDonald's restaurant in golders green and threatening to burn down the headquarters of the Hudson Bay Company detective Sergeant Lambert's evidence in general terms is that he would have claimed to have committed offenses which he had not actually
00:49:55 offenses which he had not actually committed if the circumstances were such that he would not be found found out allegations of unlawful conduct by DS Lambert do not emanate solely from non-state nonp police
00:50:06 non-state nonp police Witnesses hn 109 describes being physically intimidated by DS Lambert during the course of the scut affair
00:50:22 during the course of the scut affair pushed to the wall in a pub and warned quote if you leave Steph alone we'll leave you
00:50:23 leave you alone returning to the questions of whether whether Bob Lambert was involved in the July 1987 attacks on debbenham stores and whether the subsequent
00:50:34 stores and whether the subsequent convictions of Clark and Shepherd might be unsafe we have obtained a significant amount of evidence from many witnesses I will not rehearse it in
00:50:51 witnesses I will not rehearse it in detail here but particularly striking is the witness statement of Paul gravit protected by the Attorney General's undertaking Mr grait states that his role was to place iids in the reading
00:51:03 role was to place iids in the reading branch of deams a task which he did not in the event complete he accuses Lambert of being involved from the start and of being the person who attacked the Harrow Branch Jeff sheeper also states that Lambert
00:51:18 Jeff sheeper also states that Lambert was deeply involved and committed the attack in
00:51:19 attack in Harrow Helen steel has provided a witness statement in which she too accuses Lambert of being
00:51:32 accuses Lambert of being involved on her account and that of gravit she was invited to join the conspiracy but declined Belinda Harvey's account is that Bob Lambert confided to her his involvement both before and after the
00:51:49 involvement both before and after the event Norman Blair states that he was told that Lambert was involved hn 87 hn1 Mike chitty and the witness known as MS W all also provide evidence relating to the
00:52:01 relating to the issue Lambert denies having any information in advance of the incendiary attacks on deams which took place on the
00:52:16 attacks on deams which took place on the 11th to the 12th of July 1987 or telling Belinda Harvey that he was involved in the actual bombings Bob Robinson was present at a CND demonstration in grova square on the 19th of April
00:52:31 19th of April 1986 when an activist Steve Curtis was arrested Mr Curtis was later charged with threatening behavior convicted and appealed the conviction he asked Bob
00:52:46 appealed the conviction he asked Bob Robinson to appear as a witness for him according to a witness statement that operation oburn obtained from Steve Curtis DS Lambert did give evidence on his behalf as Bob Robinson according to
00:52:59 his behalf as Bob Robinson according to the documents and Bob Lambert he did not give
00:53:02 give evidence the relevant special Branch documents are Illuminating as to Attitudes because they record that DCI weight wished Bob Robinson to give evidence in order to maintain his
00:53:21 evidence in order to maintain his cover Chief superintendent Parker agreed and thought that DS Lambert should be instructed quote to be suitably non-controversial in what he has to say Commander felen took a more
00:53:34 say Commander felen took a more principal view he was concerned to avoid DS Lambert committing perjury and felt that if Bob Robinson's evidence did not meet expectations it would also damage his
00:53:45 his credibility consequently he directed that DS Lambert must not give evidence however if DS Lambert did have exculpatory evidence to give even this solution left Mr Cur is without a
00:54:00 solution left Mr Cur is without a witness who might have changed the course of the appeal the court and prosecutor should have been informed so that he or she
00:54:11 have been informed so that he or she could consider whether in fact the right thing to do was to offer no evidence Bob Robinson is described by others as a leading figure in London
00:54:24 others as a leading figure in London greenpeace's campaign against McDonald's restaurant and is said by activist to have contributed to the leaflet which later gave rise to what became known as the M liel
00:54:39 the M liel case DS Lambert reported extensively on London greenpeace's campaign against McDonald's including for example on various days of action legal warnings from McDonald's to desist and about who
00:54:52 from McDonald's to desist and about who was corresponding with London Greenpeace in relation to the campaign a number of civili Witnesses who were active within London Greenpeace at the material time describ Bob Robinson as an influential figure some
00:55:08 Robinson as an influential figure some assert that he influenced the direction of the group towards animal rights and was thus a defis of figure others give evidence to the effect that that was happening
00:55:18 happening anyway many describe Bob Robinson as facilitating or encouraging their own activism
00:55:26 activism Lambert's deployment was regarded as an outstanding success by his managers such that he was awarded a commissioner's
00:55:38 that he was awarded a commissioner's Commendation DCI Docker submitted a long report seeking the Commendation which claimed many successes had Arisen from DS Lambert's deployment including amongst others intelligence in
00:55:50 amongst others intelligence in 1984 leading to 19 arrests when Southeast animal Liberation lead leag or seal raided Wickham Laboratories in
00:56:03 seal raided Wickham Laboratories in Hampshire ring leaders receive sentences of
00:56:04 of imprisonment intelligence in 1985 leading to arrests at Raf upper Hayford intelligence about Ronnie Lee
00:56:15 Hayford intelligence about Ronnie Lee and viven Smith which was stated to have been of particular use immediately prior to their
00:56:25 to their arrests intelligence about Anarchist offend ing at the whopping picket intelligence leading to the arrest and conviction of Andrew Clark and Jeff
00:56:38 conviction of Andrew Clark and Jeff sheer regular prospective intelligence about hunt sabotages mentioning the large scale sabotage of the Crawley and horam Hunt especially we shall need to examine the utility of the deployment in order to
00:56:54 utility of the deployment in order to help answer the question whether it was capable of justification that does not mean that we will be examin examining whether sexual deception was justified it was
00:57:17 not hn 87 John who use a cover name John lipom infiltrated the animal rights movement in South London between 1987 and
00:57:19 1987 and 1990 as a successor to chitty initially lipam was deployed in Bromley but he was later switched to Brixton his reporting focused on Hunt
00:57:36 focused on Hunt sabur he has provided the inquiry with a witness statement but is presently too ill to give evidence he appears to have found little of concern in Bromley and suspects that
00:57:49 of concern in Bromley and suspects that chitty suggested that he start there to hide chitty's own ongoing contact with animal rights activists in South London lip's evidence is that he discovered and reported the fact of this ongoing contact lipam found the
00:58:03 ongoing contact lipam found the activists with whom he mixed in brickton to be Anarchist and more militant than those in Bromley although you will need sir to consider closely whether their activities could have Justified the use of the undercover tactic hn 87 himself
00:58:19 of the undercover tactic hn 87 himself States in his witness statement that he doubted the utility of his reporting whether or not you conclude that deployment of of an undercover
00:58:32 that deployment of of an undercover police officer could have been Justified there are obvious problems with the way in which lipam actually conducted
00:58:44 in which lipam actually conducted himself he appears often to have stayed at the homes of activists including in squats where he befriended and shared beds with female activists on his own account there was sexual activity short of intercourse on a number of occasions
00:58:56 a number of occasions the activist we are calling Walter states that he knew John lipom between 1988 and
00:59:03 1988 and 1990 according to Walter lipsum was known as hippie John and was relaxed sociable and
00:59:22 sociable and non-confrontational he is said often to have driven a Land Rover used by hunt sabur until he damaged the engine he participated in Hunt sabotages there were many arrests during this time and Walter states that lipam
00:59:33 this time and Walter states that lipam would have been party to conversations about criminal and civil proceedings Walter also alleges that hn 87 was known to be very interested in young female
00:59:48 young female activists hn 87's deployment gives rise to numerous issues relevant to management one of which is how lipam came to spend so much time in squat when earlier SDS managers had previously
01:00:02 when earlier SDS managers had previously concluded that it would be inappropriate for a UC to live in a
01:00:14 squat detective Sergeant John dyes infiltrated anakis groups including London Greenpeace between 1987 and 1991 overlapping to some extent with
01:00:26 1991 overlapping to some extent with Lambert and then replacing him he used the cover name John Barker which was based upon the identity of a deceased child it is well known that DS dyes
01:00:37 child it is well known that DS dyes formed a deceitful sexual relationship with Helen steel John dyes is abroad but has cooperated with the inquiry to the point of providing two witness statements however he has declined to
01:00:53 statements however he has declined to give oral evidence he admits a sexual relationship with Helen Steel of not is his evidence as to why he deceived her on our reading of his
01:01:07 deceived her on our reading of his witness statement he is stating that he used her to maintain his cover and obtain
01:01:09 obtain intelligence in other words cold calculating emotional and sexual exploitation dines explains in his
01:01:22 exploitation dines explains in his witness statement why he believes that his managers knew about his sexual relationship with steel he also asserts that sexual relationships were very difficult to avoid these are all issues that we would
01:01:37 avoid these are all issues that we would particularly have liked to have explored with Mr dy's in oral evidence according to miss Steel's account in the book deep deception the relationship began in May
01:01:49 relationship began in May 1990 initiated by John Barker and ultimately led to them cohabiting dines had often professed his love for
01:02:02 dines had often professed his love for her expressed a desire to have children with her and had planned with her to settle down in a home of their own a home that he said would be financed by an
01:02:18 an inheritance he left after feigning deep emotional problems over a protracted period Behavior which was greatly upsetting and disturbing for steel who has written about how completely she had fallen in love with him by that
01:02:35 fallen in love with him by that point she has written that they last saw one another at Alexandra Palace on the 8th of March 1992 some months after DS D's deployment officially ended D's written account
01:02:51 officially ended D's written account differs significantly from Steals on numerous points for example who initiated the sexual relationship whether they discussed having children and when they last saw one
01:03:02 one another he also asserts that he never intended adversely to affect her emotional well-being and sought to limit any emotional Fallout Helen steel embarked upon
01:03:17 Fallout Helen steel embarked upon protracted searches for John Barker in the 1990s and 2000s gradually finding out more and more during a series of events which formulated in the official confirmation
01:03:31 formulated in the official confirmation that John dyes was the undercover police officer masquerading as John Barker we will be exploring Helen Steel's searches for John Barker and the police reaction to them in TR
01:03:42 to them in TR 3 considerable steps were taken by the Metropolitan Police Service to try and prevent steel from finding
01:03:54 prevent steel from finding dines they included relocating dines at one point at very significant public expense in trench three we'll be hearing evidence from former SDS managers of the
01:04:07 evidence from former SDS managers of the era and hope also to have the benefit of M Steel's evidence about John D's conduct the impact upon her and her considerable efforts to trace him DS Dy states that a surveillance
01:04:19 him DS Dy states that a surveillance team observed that Helen steel stayed at his cover accommodation in Finsbury Park over night and reported that observation to SDS
01:04:30 to SDS Management in tranch two we will be exploring whether and to what extent D's sexual relationship with steel was known
01:04:44 sexual relationship with steel was known about by his fellow uos and tranch 2 SDS managers also what the prevailing attitudes toward such relationships were dines was arrested at least twice during his undercover deployment
01:04:59 during his undercover deployment he was first arrested with 12 others in Herford on the 6th of December 1988 in the course of a demonstration against the manner in which chickens were being transported he was charged with an
01:05:13 transported he was charged with an offense country to section four of the public order act 1986 and appeared at Herford magistrates Court where the charges were withdrawn and he was bound over some of the
01:05:25 and he was bound over some of the activists who had been arrested with d brought complaints against the police dines joined them in doing so but deliberately made a vague complaint having consulted his managers of
01:05:37 having consulted his managers of particular interest is how management handled and perceived the incident dines was being supported in Herford by
01:05:48 was being supported in Herford by detective inspector hn 109 and detective Sergeant HDE the documents record a deliberate decision not to declare their interest and a view that events assisted D's cover in circumstances where two of
01:06:04 D's cover in circumstances where two of the activists with whom dines was mixing were suspected of involvement in the planned use of improvised incendiary devices John dines was present at the pole tax Riot on the 31st of March
01:06:17 pole tax Riot on the 31st of March 1990 where he was arrested in possession of marbles and held in custody with many others he gave a false name when arrested which was not his cover
01:06:28 arrested which was not his cover identity but was the identity of a second deceased child Wayne kadigan the fact that he was using a second false identity was known to SDS
01:06:43 identity was known to SDS management dines appears to have been charged with an offense contrary to section four of the public order act 1986 and is recorded initially as intending to plead guilty excuse me he was also going to
01:06:56 guilty excuse me he was also going to seek to negotiate with the prosecution for a lesser charge Chief superintendent willing Gale's reaction to the arrest
01:07:09 willing Gale's reaction to the arrest was that detective Sergeant D's arrest would further increase his standing within the group Commander gun directed that detective Sergeant dyes should in fact fail to appear in court the documents
01:07:20 fail to appear in court the documents record that gun decided personally to supervise quote the ne necessary action to protect dyes from legal repercussions and to quote cancel all
01:07:38 and to quote cancel all records suggesting that there is likely to have been contact with either the court the prosecution or both the Trafalga Square defendants
01:07:49 both the Trafalga Square defendants campaign was established by Dave Morris in the weeks after the riot to support those facing criminal charges hn5 reported on the campaign whilst assisting the MPS to identify those present at the
01:08:10 those present at the riot what appeared to Helen steel at the time to be a third arrest and detention at Paddington green police station in May
01:08:11 May 1990 appears in fact to have been an elaborate ruse designed to reinforce din's cover on both diners and Steel's accounts it involved a man telephoning
01:08:27 accounts it involved a man telephoning Steel who must have been pretending to be D's
01:08:36 be D's solicitor it is an incident which begs questions McDonald's issued Lial proceedings against five London Greenpeace activists including Helen Steel in
01:08:46 Steel in 1990 while steel was being sexually deceived by dines as her then partner he appears to have had considerable access to the
01:08:57 have had considerable access to the defendants to to these civil proceedings their thinking and the privileged legal advice that they received dines himself was conspicuously absent from the list
01:09:10 was conspicuously absent from the list of defendants on the RIT these matters on their own Merit investigation but will fall to be explored with managers
01:09:23 will fall to be explored with managers in a wider context namely whether and to what extent SDS intelligence was being used to assist McDonald's either to protect itself from London greenpeace's campaign against it or to assist it in the
01:09:34 or to assist it in the litigation it is known that McDonald's engaged private detectives to infiltrate London Green Piece it further appears to be the case from documents that we have
01:09:49 be the case from documents that we have obtained that both the security service and the SDS were aware of that fact the security service had some interest in D's deployment although it appears to have been focused on the
01:10:04 appears to have been focused on the broader Anarchist field rather than animal rights as such it sought Intelligence on business as usual an
01:10:15 Intelligence on business as usual an animal rights and Anarchist publication which was understood by the security service to be the successor to ALF related Publications which had led to convictions for conspiracy to incite criminal damage it also sought Intelligence on
01:10:30 it also sought Intelligence on individual anarchists and on London Greenpeace as a group which it considered to be Anarchist and subversive the security service was sufficiently interested that it debriefed dines at the end of his
01:10:45 debriefed dines at the end of his deployment of note is the informed opinion expressed by dines about anarchists as recorded in the record of the debrief quote anarchists pose virtually no
01:10:58 virtually no threat the above comment Falls to be considered together with the fact that D was awarded a commissioner's Commendation for his undercover work the relevant document state that the basis
01:11:16 relevant document state that the basis for recommending a commendation appears to have been the intelligence obtained by dines on anarchists the campaign against the community charge or pole tax and intelligence about animal rights
01:11:29 and intelligence about animal rights extremism particular emphasis is laid on what is claimed to be Intelligence on a plot to contaminate the human food chain specifically the drink Lucas a say that
01:11:42 specifically the drink Lucas a say that there is a striking absence of reporting on the Lucas a issue amongst the documents that we have recovered the Contemporary documents do evidence reporting on anarchists the campaign
01:11:59 reporting on anarchists the campaign against the pole tax and animal rights activism including actual and alleged acts which broke the law we will be exploring the justification for the infiltration of London Greenpeace with many of the Witnesses in this phase
01:12:13 many of the Witnesses in this phase again I should however make absolutely clear that we are not investigating whether the sexual deception of Helen
01:12:27 whether the sexual deception of Helen steel was justified it obviously was not rather we are investigating whether any undercover infiltration of London Greenpeace at all was justified there are documents based on Diner's
01:12:35 Diner's intelligence which have taken at face value appear to have policing value for example he is described at one point as being well placed to see whether
01:12:51 being well placed to see whether firebombing plans ever get beyond the talking stage on another occasion it appears that he was able to provide intelligence about a PO itial attack on a site occupied by unigate in consequence of which protective measures were
01:13:06 were taken two long reports which were signed by detective Chief Inspector gray provide a detailed assessment of the role that anarchists were playing in public
01:13:17 public disorder the first covered their role in the ptax riot the second was a more General assessment the reports both concluded that anarchists were far less of a threat than portrayed in the
01:13:29 of a threat than portrayed in the media moving back to the question of DS D's conduct whilst deployed there is an
01:13:40 D's conduct whilst deployed there is an allegation that D struck a member of the public for making a racist comment whilst
01:13:44 whilst undercover dines has stated that he has no recollection of any such incident an activist states that in
01:13:55 incident an activist states that in 1991 John Barker offered him explosives from a
01:13:59 from a quarry Gabriel Bosley states that dines came to her home where she wrote a legitimate leaflet with another activist in dines although she states that he contributed little to the
01:14:13 contributed little to the work Paul gravit describes John Barker as having been influential helpful trusted and supporting all forms of direct action he was signatory on the group's bank account
01:14:25 group's bank account gravit accuses dines of throwing flour at police at the 1991 game Conservancy ball at the Dorchester hotel but Jeff Shephard was arrested
01:14:44 hotel but Jeff Shephard was arrested charged and convicted for the offense dines he States acted as a defense witness an assertion which dines denies Jeff Shephard states that he appeared in malor Street magistrates court for throwing flow which John dyes
01:14:57 court for throwing flow which John dyes had in fact fact Throne he also alleges that dines was involved in the production of the publication business as usual something that dines accepts grait gives a detailed account of the access which he States John
01:15:13 of the access which he States John Barker had in the M liel case and the role he played in the associated campaign Dave Morris describes John
01:15:28 campaign Dave Morris describes John Barker as helpful strong and influential a man who pushed for militant action he provides a detailed account of John Barker's access to details of the M liel case and his actions within the M liel support group which we will
01:15:41 support group which we will explore Walter states that he met dines at meetings of London Greenpeace and in public houses afterwards he describes
01:15:55 public houses afterwards he describes hunt supporters as having been wary of dmes and Exhibits a photograph gir of dines at a hunt Belinda Harvey states that she was introduced to John Barker by Bob Lambert and that she saw him at parties and the
01:16:09 and that she saw him at parties and the pub she thought he was nice trusted him and they got on this evidence begs a question whether dyes in fact knew of the sexual relationship between Bob
01:16:20 the sexual relationship between Bob Lambert and Belinda Harvey which dines has denied in his wiler statement a number of Civ cilian Witnesses are critical of the tone of detective Sergeant Diner's reporting as well as their accuracy and relevance
01:16:33 well as their accuracy and relevance such criticisms are not limited to DS D's reporting but there are for example official reports attributed to dines
01:16:48 official reports attributed to dines which display a lack of basic respect towards activists by treating their deaths with levity rather than dignity finally on the subject of John dyes I draw attention to an assertion that he lived with Helen steel at an
01:17:02 that he lived with Helen steel at an address which backed on to the home of George
01:17:07 George silcott how accurate that is whether it was deliberate and or whether it was used in any way by the SDS fall to be considered dines denies any specific
01:17:19 considered dines denies any specific interest in either the Broadwater Farm defense campaign or the Tottenham 3 campaign save in so far as they were supported by activists Stafford Scott states that
01:17:30 activists Stafford Scott states that John Barker was never involved in the Broadwater Farm defense campaign and had no access to its records however he
01:17:41 no access to its records however he states that he was given a photograph by Helen steel of dines at a protest outside Her Majesty's prison wormwood
01:17:51 scrubs hn22 Neil Richardson infiltrated the West London branch of the Revolutionary Communist party and then class war between 1989 and
01:18:03 between 1989 and 1993 he will give oral evidence he was recruited pursuant to the new procedure which appears to have been the product of learning from the then recent Scutter
01:18:16 of learning from the then recent Scutter Affair DCI gray the then head of the SDS was required to present the case for hn1 122's recruitment at a meeting also
01:18:28 122's recruitment at a meeting also attended by Commander Howley Commander gun and chief superintendent Smith his cover name was derived in part
01:18:39 Smith his cover name was derived in part from that of a deceased child Neil Robin Martin Neil's mother Faith Mason has provided a powerful witness statement which tells his story and describes the
01:18:58 which tells his story and describes the impact on her and her family of learning that Neil's identity had been used in this way there is evidence which suggests that hn22 traveled to the area where Neil's family lived although hn22 has no recollection of doing
01:19:09 hn22 has no recollection of doing so hn22 deployed in or around October 1989 the security service was informed about the deployment as was Norm a
01:19:21 about the deployment as was Norm a normal part of the relationship between the SDS and the security service at that time the records show that that the security service appreciated the
01:19:38 security service appreciated the intelligence that it received about the rcps London members supporters Branch activities and National events in the Autumn of 1990 following a
01:19:53 events in the Autumn of 1990 following a review the security services interest in the RCP waned it informed the SDs that it had assessed the RCP p as being an insufficient threat to National Security to Warrant further investigation at the same
01:20:03 same level however it asked the SDS to continue to send intelligence about the related Irish Freedom Movement and RCP
01:20:19 related Irish Freedom Movement and RCP members which was to be directed to its residual interest desk of relevance to the issue of justification is a security service record of a Lea meeting held with the sdfs on the 12th of February
01:20:30 sdfs on the 12th of February 1991 in the light of the security services revised requirement the SDS was stated to doubt the case for continued infiltration of the RCP on Law and Order
01:20:46 infiltration of the RCP on Law and Order grounds the natural inference appears to be that the primary motivation for hn1 122's deployment had been the security services interest in the RC CP nevertheless hn22 continued to
01:20:59 nevertheless hn22 continued to infiltrate the RCP until the spring of
01:21:12 1992 thereafter hn22 reported on class war initially he infiltrated class war Federation or CWF but then left to join class war organization or
01:21:23 organization or cwo when the latter split off from CWF Norman Blair accuses hn22 of playing an active role in the breakup of class war and of effectively killing off
01:21:34 killing off CWF allegations which we will explore the security service took an interest in this part of the deployment it provided a long brief for the SDS
01:21:51 it provided a long brief for the SDS ahead of cwfs 1992 National Conference and there is a lengthy and detailed report informed at at least in part by hn1 122's intelligence hn1 122's intelligence was described as
01:22:02 intelligence was described as particularly useful by the security service nevertheless the SDS decided not to replace
01:22:14 to replace hm122 with a dedicated Source within the cwo according to the security service records that we have obtained this was B this was because it was not a laww and Order threat
01:22:28 Order threat the security service debriefed hn22 on the 10th of September 1993 just before his deployment came to an end on the 18th of September 1993 at that meeting
01:22:46 1993 at that meeting hn22 ained that the threat to National Security from cwo and CWF was very low the question that arises is whether hn22 served a valuable function confirming that the
01:22:57 confirming that the RCP
01:23:08 RCP CWF and cwo were not a threat or whether he should not have been deployed into these groups at all I note in that regard that in September 1987 the SDS is reported to have
01:23:25 1987 the SDS is reported to have regarded class war Collective as of no interest Norman Blair has stated that hn22 was withdrawn born after being accused of being quote a cop special Branch documents record that hn22 was mentored by hn9 and was himself a mentor to hn5
01:23:37 hn9 and was himself a mentor to hn5 detective Constable Mark Jenner he is also recorded as attending a meeting of mentors in 1995 at which the psychologist Dr
01:23:52 1995 at which the psychologist Dr Felicity gibling was present he may therefore be able to assist on the efficacy of the SDS mentoring scheme of concern in the context of our
01:24:03 scheme of concern in the context of our investigation into whether SDS targeting was influenced by racism are the terms in which an officer from operation Hearn has recorded a 2013 interview with
01:24:18 has recorded a 2013 interview with hn22 the material passage reads quote posted
01:24:19 posted cquad blacks and Browns desk single issue and anti-racist groups closed end then we've GED mid
01:24:44 1980s Andrew or Andy Kohl's infiltrated a number of animal rights groups in South London between 1991 and
01:24:53 1991 and 1995 he will give oral evidence he used the first name and date of birth of a deceased child and added the surname Davy to form his cover name Andy Davy his deployment began by focusing on pacifist Anarchist and environmentalist
01:25:19 pacifist Anarchist and environmentalist groups due to the start of the Gulf War and subsequently developed to focus on animal rights groups including London boots Action Group and Brixton hunt sabots the most significant issue arising relating to his deployment is whether he deceived the woman we know as Jessica into a sexual
01:25:33 Jessica into a sexual relationship he denies that any sexual relationship occurred Jessica states that Kohl's initiated a sexual relationship with her
01:25:48 initiated a sexual relationship with her when she was 19 and he was pretending to be a 24 year-old animal rights activist he was in fact a 32-year-old married undercover police officer
01:25:55 officer she perceives that Kohl's targeted her due to her specific vulnerabilities at that time she states relationship started sometime after she moved into
01:26:10 started sometime after she moved into her East London address during the first half of
01:26:15 half of 1992 she describes that Kohl's lunged at her and kissed her whilst they were watching TV and at the time was a very
01:26:28 watching TV and at the time was a very naive and inexperienced teenager who did not resist kl's sexual Advance even though she did not find him at all attractive she describes a very awkward and private relationship thereafter about which she was
01:26:39 about which she was embarrassed in the Early Autumn of 1992 she traveled to France to work there having discussed with Kohl's whether to take the opportunity she
01:26:50 whether to take the opportunity she returned to the UK to spend time with him at his cover accommodation after he sent her a letter suggesting that they should see each see each see other
01:27:04 should see each see each see other people she returned permanently from France in the summer of 1993 and stayed between her parents's house and Kohl's as cover accommodation Jessica ended the
01:27:16 accommodation Jessica ended the relationship with Kohl's when she met someone else referred to as NM in
01:27:27 someone else referred to as NM in memorable circumstances in kl's flat he took it amicably seemed unbothered and continued to hang around the South London address into which Jessica moved
01:27:39 London address into which Jessica moved with NM and others Jessica denies being the extremist that she is portrayed as being by
01:27:48 being by KS the inquiry has obtained two letters written by Jessica to a friend whilst she was in France which appeared to corroborate her account that Kohl's was her that and boyfriend Jessica describes the Revelation that Kohl's was a UC as
01:28:03 Revelation that Kohl's was a UC as having a devastating and traumatic impact upon her life health and relationships she has since sought to communicate her side of the story and to hold CO's to account amongst other
01:28:19 hold CO's to account amongst other things she has leafleted in Peterborough where Kohl's was an elected counselor and she alleges that she was threatened by
01:28:31 Kohl's Kohl's denies any sexual relationship with Jessica he states that he knew Jessica well and spent time with
01:28:43 he knew Jessica well and spent time with her generally at her East London address after lb AG meetings because he saw her as a way into the ALF his account is that Jessica initiated conversations about them having a sexual relationship which he deflected
01:28:54 deflected he denies that she stayed at his cover address when she came back from France he states that their friendship ended when she moved away from
01:29:12 when she moved away from London a female animal rights activist who I cannot name for privacy reasons will give oral evidence in private session about an incident between her and
01:29:22 and Kohl's one evening in early 1993 he came to her flat lunged at her tried to kiss
01:29:34 to her flat lunged at her tried to kiss her and chased her around the flat for a couple of minutes she describes that it was very unpleasant and she felt angry and upset she remembers telling Matt hn1 Kohl's denies this ever happened and states that this woman had poor personal
01:29:54 states that this woman had poor personal hygiene Robin Lane States in his witness statement that in around 1993 he and his then girlfriend introduced Kohl's to a French woman they knew he states that afterwards the French woman told him that she and Kohl's had a one night
01:30:07 that she and Kohl's had a one night sexual relationship and he was a bit rough but she said she didn't mind that Kohl's has not yet had an opportunity to respond to this account Jessica describes an account
01:30:24 account Jessica describes an account given to her by another activist Andrea McAn who has now passed away who told her that Kohl's had tried to kiss her while Jessica was in France Kohl's has
01:30:35 while Jessica was in France Kohl's has not yet had an opportunity to respond to the allegation described by Jessica kohls's evidence is that he undertook a large number of roles within the groups on which he
01:30:46 the groups on which he reported he states that he took over responsibility for a group called support animal rights prisoners with an activist we are calling Callum he was a Founder member of Earth First
01:31:02 he was a Founder member of Earth First UK he was one of three activists who ran the animal Liberation Front supporters group or
01:31:07 group or alfsg and was quote in reality second in charge of
01:31:18 charge of alfsg he assisted with production of the bimonthly newsletter for London boots Action Group he was an organizer and newsletter author for London Animal Action he was the London representative for South East animal rights Coalition he was involved in the founding of the London animal rights Coalition and
01:31:30 London animal rights Coalition and produced its newsletter he was involved in the production distribution and sale of the newsletter the southeast Liberator and he assisted in the
01:31:43 Liberator and he assisted in the distribution of the alfsg newsletter and the animal Liberation publication Archangel Cole states that he would not have been able to obtain information about Al activity
01:31:59 about Al activity without being involved to some extent in criminal activity but this was at the lower end of the scale he generally drove activists to actions on occasions entered premises himself and on occasions assisted in the liberation of
01:32:10 occasions assisted in the liberation of animals by driving them away in his van he states that Andrea McAn got him into the ALF cell of which she was a
01:32:23 the ALF cell of which she was a part Kohls was arrested on the 19th of November
01:32:24 November 1994 whilst attending a hunt sabot demonstration at the Essex Farmers hunt he was charged in the false cover name
01:32:36 he was charged in the false cover name Andy Jones for an offense of aggravated trespass under Section 68 of the criminal justice and public order act 1994 along with a number of other individuals some of whom Kohl's may have
01:32:57 individuals some of whom Kohl's may have driven to the event kohls's SDS managers instructed him not to appear at Court a course of action endorsed by senior Metropolitan Police Special Branch officers including commander banan who proposed the arrest could be exploited for his in his
01:33:10 for his in his exfiltration at least some of the other activists arrested that day were convicted including a man we are calling afj who will give oral evidence the convictions will be further examined
01:33:26 convictions will be further examined during the management evidence in TR 3 and in due course uh you will need to decide whether to refer these convictions to the miscarriages of Justice
01:33:31 Justice panel Jessica was arrested along with others at a demonstration at the annual horse and Hounds ball on the 5th of March
01:33:43 March 1992 she was charged with assaulting a police officer and AF Fray she was acquitted on appeal Jessica's evidence is that the charges she faced were based on Lies by the police
01:33:54 on Lies by the police Kohl's confirms that he attended this event and saw either Manan or Jessica throw a flower bomb but he cannot now remember which notably the name of the
01:34:08 remember which notably the name of the perpetrator has not been included in the contemporaneous SDS intelligence report despite him being sure he provided it to his managers Cole suggests this was to predict his identity Kohl's also
01:34:23 predict his identity Kohl's also reported on a defense planning meeting that that he attended in advance of Jessica's trial the purpose of which he States was to design a false
01:34:36 States was to design a false defense however there is no such detail within the report itself which reports on proposed defense Witnesses he explains that the propriety of reporting the defendant's intentions
01:34:47 of reporting the defendant's intentions in relation to court proceedings was not a consideration at the time Cole states that as a result of his relationship ship with Callum he agreed to hand over
01:35:04 to hand over £700 diverted by Callum from an alfsg campaign stall to an activist called Brendan MCN who was acting as an
01:35:16 Brendan MCN who was acting as an intermediary for Barry Horn an activist planning an incendiary devis campaign Cole states he handed over the cash under the eyes of a full mpsb surveillance team Callum has stated in his witness statement that this is not remotely true and he is certain he never agreed to £700 being passed to
01:35:34 agreed to £700 being passed to Horn documents in hn 2's hearing bundle demonstrate a concern by the SDS management about disclosure of SDS intelligence during criminal proceedings criminal proceedings at
01:35:49 proceedings criminal proceedings at reading Crown Court were discontinued in 1993 according to records made by the SDS manager man agement at the time due to the trial judge's ruling that an
01:36:04 to the trial judge's ruling that an intelligence report previously provided by Kohl's fa to be disclosed to the defense as a result of this the detective Chief Inspector of the SDS in 1993 hn 86 proposed a new system for recording SDS intelligence where
01:36:17 recording SDS intelligence where individuals would not be named in intelligence reports assessed to be particularly sensitive
01:36:31 particularly sensitive in order that in his view no disclosure obligation would arise within criminal proceedings the inquiry will explore further with SDS managers in trch three what this reveals about their attitude to the criminal justice system in early
01:36:43 system in early 1994 the SDS management directed Kohl's and his then pregnant wife to move house due to the proximity of an activist who we are calling
01:36:59 we are calling gsv to kl's real home compounded by threats of disclosure made by Mike chitty the MPS paid for his removal costs legal fees and approximately
01:37:11 costs legal fees and approximately £30,000 to clear the negative equity on his house authorized by the home office much but not all of what we call the tradecraft manual was drafted by
01:37:24 the tradecraft manual was drafted by Kohl's he States that at the end of his deployment in 1995 Bob Lambert at that time the detective inspector in the SDS asked him to write a report recording his
01:37:35 to write a report recording his experiences in order to assist incoming uos he states that he did not anticipate
01:37:50 uos he states that he did not anticipate this being made into a manual but he did make the front cover and possibly the index the content of the tradecraft manual on topics such as sexual relationship ships the use of deceased
01:38:01 relationship ships the use of deceased children's identities and involvement in crime will be important matters for the inquiry to explore in this phase and with SDS managers including Lambert in TR
01:38:07 TR 3 from 200 to 2002 Kohl's worked in the national public order intelligence unit the npu as an operations manager at
01:38:25 npu as an operations manager at detective inspector rank we will receive evidence from from him about this in tranch
01:38:36 4 hn1 Matt Rainer that is his cover name infiltrated a number of animal rights groups between 1992 and 1996 initially by becoming a member of the London boots Action Group later subsumed into London animal action and
01:38:51 subsumed into London animal action and involving himself in Hunt sabotage via the West London hunt sabot Association he was based in Northwest London but eventually reported on activists as far a field as Liverpool
01:39:08 activists as far a field as Liverpool and Manchester with some regularity he used the identity of a deceased child Matthew Edward rer who had died aged four of leukemia Kaden Blake Matthew's older sister will give evidence about
01:39:21 older sister will give evidence about her brother and the impact the use of his identity has had on the family Matthew's brother has also provided written evidence to the inquiry Raina has admitted to the
01:39:35 inquiry Raina has admitted to the inquiry that he had a deceitful intimate and sexual relationship with Denise or Liz Fuller he met her probably through her involvement with lb AG within about 6 months of commencing his deployment
01:39:54 6 months of commencing his deployment and reported on her before during and after the relationship ship which commenced in 1993 and lasted until 1995 although raina's account describes Denise Fuller making quote the first
01:40:08 Denise Fuller making quote the first move following a period during which they had begun to spend time alone together she strongly denies that this
01:40:21 together she strongly denies that this was the case rather M Fuller points to a May 1993 report about her by Raina concerning a point of particular vulnerability in her life and identifies at that as a time when he initiated an intimate relationship with her at the
01:40:34 intimate relationship with her at the time Denise Fuller found Matt Raina to be a kind gentle protective and caring boyfriend she describes him as stable
01:40:52 boyfriend she describes him as stable outgoing and solid she recalls spending three to four nights per week together including nights at his cover accommodation he was in his real identity married whilst engaging in the deceitful relationship with M Fuller but nonetheless describes his feelings as
01:41:11 nonetheless describes his feelings as genuine she does not believe that he had any real feelings for her she contrasts his behavior towards her with his contemporary intelligence reports about which she has now seen
01:41:32 Raina deployed in January 1992 lb had only recently been set up he attended its monthly meetings and went on pickets and participated in demonstrations had organized or attended he describes Paul gravit as spearheading lb a events and the group as secretive
01:41:45 lb a events and the group as secretive its trusted members aware that illegal activity and direct action were taking place albeit it was not dis discussed at public meetings of the group when LBA was subsumed into laa
01:42:02 group when LBA was subsumed into laa Raina reported on that group attending its inaugural meeting in October 1994 he describes it as quote a focal point for animal rights campaigning
01:42:14 point for animal rights campaigning better funded than lb a and identifies its organizers Paul grait and Brendan mcnell as quote hardliners within the movement
01:42:28 movement he became a signatory on the laa bank account and describes himself as a reliable member of the group by 1995 Raina came under suspicion early in his deployment primarily from an
01:42:41 his deployment primarily from an individual whom the inquiry is calling George and who appears to have been behind the resurrection in
01:42:55 behind the resurrection in 1992 of a group known as anarchists for Animals as well as being involved in a number of other groups formed around animal rights issues and a campaign against chicken slaughter house in leaden Street London in which Rainer took part those suspicions came to the
01:43:11 took part those suspicions came to the attention of Andrew Kohl's then deployed as Andy Davey who reported them to SDS managers a significant issue arising from raina's deployment concerns his knowledge of an involvement in events leading to Jeff Shephard's
01:43:25 leading to Jeff Shephard's 1995 convictions for possession of a firearm and ammunition found at Shepherd's home when the police raided it on the 26th of May
01:43:36 it on the 26th of May 1995 and in connection with the planting of an incendiary device in Boots in Enfield those convictions are currently the subject of an appeal by Shepherd who
01:43:48 the subject of an appeal by Shepherd who alleges that Not only was Raina aware of the firearm and testified it with Shepherd but that he encour enaged him to make use of it to shoot a vivisector by offering to act as driver Raina
01:44:00 by offering to act as driver Raina denies these allegations and others which accuse him of being responsible for the boots incend device and says that when shepher told him that he had
01:44:13 that when shepher told him that he had acquired the firearm he advised shepher to get rid of it the SDS annual report for 1995 1996 asserted that it was pre emptive
01:44:30 1996 asserted that it was pre emptive intelligence from an SDS officer which led to Shepherd's arrest in May 1995 accounts taken from the investigating and arresting officers suggest otherwise they point to two factors first that they were
01:44:42 factors first that they were investigating the use of improvised incend devices in respect of which Shephard was identified as a suspect due to the similarity of the devices with those used in debam stor Wars in
01:44:55 those used in debam stor Wars in 1987 second that they had known that shepher second that had they known that shepher was in possession of a firearm and ammunition at his home they would
01:45:08 and ammunition at his home they would never have entered without the support of armed
01:45:09 of armed officers the inquiry has found no written record evidencing the provision of preemptive intelligence of the firearm by Raina nor has it found any record that
01:45:31 Raina nor has it found any record that if such in elligence was provided by rer to his SDS managers as he asserts that it was it was passed to the investigating team the inquiry did locate on the hard drive of an SDS computer an intelligence report dated the 1st of June
01:45:48 report dated the 1st of June 1995 concerning Shepherd's possession of a firearm but Raina denies being the source of some of the information contained within it most significantly the assertion that shepher had the
01:46:00 the assertion that shepher had the firearm quote with the express intention of murdering Professor Colin Blakemore the wellknown vivis sector we will explore these matters further with the witnesses amongst other activities Raina
01:46:16 witnesses amongst other activities Raina reported on and participated in Surprise visits made to the homes of individuals believed to have been involved in Viv section the fur industry or similar he was arrested Ed shortly after one such
01:46:28 was arrested Ed shortly after one such event near the home of AA in St John's Wood in London in March 1996 and taken to to the police station where he was later released without charge in common with other SDS officers
01:46:50 charge in common with other SDS officers arrested following demonstrations or the like Raina suffered injuries during his arrest including a fractured rib as a result of his treatment by arresting officers here from the territorial support group when he informed DCI Edmonson of the injury one resulting management report attributed raina's
01:47:08 management report attributed raina's injuries to the general activities and actions of those taking part implying injuries received during the demonstration or a scuffle rather than at the hands of the arresting police
01:47:19 at the hands of the arresting police officers this was not the first time he had been arrested in his cover identity in August 1995 he was arrested in North Yorkshire where he had traveled in order to disrupt a grow shoot rer
01:47:31 in order to disrupt a grow shoot rer accepts it is likely that he drove a number of activists there from London the SDS management record of his arrest indicates that he was charged with a
01:47:44 indicates that he was charged with a public order offense involving the use of threatening abusive or insulting words or behavior or disorderly Behavior it goes on to describe the activists
01:47:57 it goes on to describe the activists presumably including Raina seeking to engage members and supporters of the shoot in verbal and physical confrontation and a fight breaking out between activists and members of the
01:48:10 between activists and members of the Shute police were quick to intervene and a group of nine activists including Raina were arrested Raina denies any involvement in physical or violent
01:48:24 physical or violent confrontation again in common with other examples of undercover SDS officers being arrested the management view expressed was that Raina had acted with exemplary professionalism maintaining cover and enhancing his reputation
01:48:37 cover and enhancing his reputation within a security conscious group of committed
01:48:41 committed activists recommendations were that he should not break ranks with his co- accused but rather should attend court in his cover identity and enter a not
01:48:52 in his cover identity and enter a not guilty plea in the end it appears that the criminal proceedings were discontinued and so no court was misled as to the true identity of a person appearing before it the same cannot be said of raina's
01:49:04 it the same cannot be said of raina's two appearances in court as a defense
01:49:16 two appearances in court as a defense witness as to the first about which the inquiry has found no contemporaneous documentary evidence Rainer recalls giving evidence on behalf of Jeff Shephard who is convicted of a public ordera offense the second was on behalf of an individual we are calling
01:49:30 individual we are calling Ltd in respect of both Raina recalls discussing giving evidence with his managers but cannot imagine that his real identity was disclosed to the court in either case after the second occasion
01:49:45 in either case after the second occasion his manager by then di Lambert commented that he had quote behaved in a thoroughly professional manner throughout rer agrees neither nether here he nor
01:49:56 agrees neither nether here he nor Lambert appears to have considered that the court was misled what these episodes reveal about SDS attitudes to the criminal justice system is likely to be a topic of
01:50:08 system is likely to be a topic of Interest now and again in trunch three when the relevant managers are questioned the hierarchy of SDS interests by this stage of the unit's
01:50:21 interests by this stage of the unit's existence seems at least to be clear the first and primary Interest being to ensure that deployment were not interrupted by overt involvement in the criminal justice system even if that
01:50:35 criminal justice system even if that meant providing a false name to a court Andor failing to provide significant information to the prosecution or a court viz that a defense witness was in fact a police
01:50:46 fact a police officer raina's deployment was extended in the summer of 1995 Beyond its originally intended end dat of Fe February
01:51:03 dat of Fe February 1996 management records indicate that he was considered to be quote on the verge of a breakthrough into the very upper reaches of the ALF whether or not that was an accurate assessment is something that you may wish to explore sir at the end of his deployment Rainer wrote to wrote or
01:51:19 deployment Rainer wrote to wrote or contributed to an SDS report purporting to summarize the current state of the Alf seeking to outline the significant differences between the animal rights
01:51:33 differences between the animal rights activist the ALF activist and the most committed Alf extremist the report asserted that there were only about 20 committed Alf extremists in the United Kingdom
01:51:45 extremists in the United Kingdom defining an Alf extremist as someone who accepted quote the need to cause serious harm to people and property if the cause is to be
01:52:00 is to be Advanced Alf activism on the other hand was described as quote the generally accepted term for the use of direct action which is often against the law in furtherance of the
01:52:11 furtherance of the cause rer himself appeared on the list of Al
01:52:16 of Al extremists the inquiry has found evidence of this report being forwarded at the behest of the animal rights National index for the attention of the Home Secretary that version did not contain
01:52:32 Secretary that version did not contain two assertions of Interest found in what appears to have been an earlier draft that the overt groups such as laa are
01:52:43 that the overt groups such as laa are only of passing public order interest not significant in its own right and quote it is difficult to see how future operations by the unit will be able to achieve anything like the success
01:52:55 achieve anything like the success enjoyed so far there are fewer Alf extremers now than at most times in the
01:53:08 extremers now than at most times in the past raina's deployment overlapped with that of Andrew koh's albeit the latter was based mostly in South London and there is evidence within the reporting of them attending the same events for
01:53:20 of them attending the same events for example lb a meetings Raina denies being aware of any relationship between between Kohl's and Jessica although he knew Kohl's was close to her asked more generally about Kohl's Alter Ego Andy
01:53:39 generally about Kohl's Alter Ego Andy Davy and women Raina has confirmed that one female activist referred to him as creepy and expressed quote her clear disapproval of his creepiness or Amorous intentions it felt like she described him with a shudder
01:53:53 him with a shudder Raina also overlapped with officers whose deployments will be considered in TR three hn 26 Christine green deployed at the same time as Raina into animal
01:54:06 at the same time as Raina into animal right circles and entered into a sexual relationship with an activist during her
01:54:20 relationship with an activist during her deployment it appears likely that in her case at some stage she disclosed to the activist that she was in fact a police officer operating under cover Raina states that he knew of her friendship with an activist and assumed it was
01:54:35 it was sexual the office would have known Raina further recalls that Jim boiling hn4 made reference to being in a relationship whilst deployed and acknowledges that he also knew that Mark Jenner hn5 was having a sexual relationship whilst
01:54:49 relationship whilst deployed Raina later acted as mentor to James Thompson hn6 another officer who went on to form
01:55:00 hn6 another officer who went on to form intimate relationships in his undercover identity albeit Raina denies knowing about
01:55:02 about them questions arise to explore with Raina and further entr three regarding his and SDS management knowledge of such relationships Raina states that
01:55:14 relationships Raina states that relationships quote were seen as a gray area they were not advised or encouraged but they were not prohibited either this
01:55:29 but they were not prohibited either this understanding was reinforced by the fact that my managers were aware of my situation and did not tell me to stop he identifies both Lambert and hn
01:55:42 stop he identifies both Lambert and hn 86 as saying things quote suggesting to me that they knew that there was at least the risk of relationships generally according to Raina Kohl's would have been aware of his own relationship having seen him together with
01:55:53 with as would hn 26 Christine green who once deployed was part of the same tight-nit Community when his deployment eventually came to an end in
01:56:09 came to an end in 1996 Raina executed an elaborate exit strategy developed with SDS managers which involved a period living in France during which he was visited by activists and a move to
01:56:22 and a move to Argentina he received a commission Commendation for his work most of the civilian Witnesses are legally represented and their counsil
01:56:33 legally represented and their counsil will be saying more on their behalves when they make their own opening statements however it may assist those following the inquiry to have a list and brief information about the non-state non-p police Witnesses which we have
01:56:48 non-p police Witnesses which we have compiled Ann next to the written version of this opening statement the trench 2 team has obtained witness statements from 11 fully
01:56:59 witness statements from 11 fully Anonymous former SDS undercover police officers it also obtained a witness statement from the former partner of a fully Anonymous officer in connection with the allegation that the officer
01:57:12 with the allegation that the officer engaged in quote an affair during their deployment that witness must remain anonymous consequent upon the anonymity of their former partner redacted
01:57:23 of their former partner redacted versions of the their witness statements and redacted versions or gists of associated documents will be published in cases where they have not had to be wholly restricted from
01:57:34 wholly restricted from publication our approach to managers remains as it did in tranch one we have investigated those managers whose
01:57:45 investigated those managers whose postings to the SDS concluded before the end of
01:57:50 end of 1992 following this system ensures that we do not call man ERS before the undercover police officers whom they managed later managers are being investigated by our tranch 3
01:58:10 investigated by our tranch 3 team five managers served as a head of the SDS during the TR 2 era hn 99 DCI Nigel short hn5 I beg your pardon hn 1115 DCI Tony
01:58:25 hn5 I beg your pardon hn 1115 DCI Tony weight hn 69 DCI I Malcolm McLoud and H hn 39 DCI Eric Docker and hn 51 DCI Martin gray we have been able to obtain witness statements from Tony weight
01:58:47 witness statements from Tony weight Malcolm McLoud and Eric Docker we intend to call all three to give oral evidence in January Nigel short and Martin gray have passed away four detective inspectors fell with within our TR 2 investigation hn 68
01:59:02 within our TR 2 investigation hn 68 hn22 Michael Barber hn 39 Eric Docker and hn
01:59:04 and hn 109 we have obtained witness statements
01:59:18 109 we have obtained witness statements from Eric Docker and hn 109 both will be called to give oral evidence hn 68 and hn22 have passed away later detective inspectors who service with the SDS straddled the trans boundary namely hn 86 and hn 67 are being considered by our trunch 3
01:59:29 trunch 3 team witness statements have been obtained from five sergeants who served in the SDS in the tranch 2 era hn
01:59:53 in the SDS in the tranch 2 era hn 45 hn 32 DS Michael couch hn 61 DS Chris Hyde hn 59 DS John Hoin and hn2 9 DS David
02:00:01 David Carson hn 108 DS Brian sutliffe was excused from making a statement on medical
02:00:09 medical grounds Michael couch will be called to give oral evidence principally because he can give evidence Germain to our investigation of Bob Lambert the remaining witness statements will be admitted into evidence in writing the TR 2 timeline provides a
02:00:22 writing the TR 2 timeline provides a diagrammatic representation ation of the management of the SDS during the Tren 2 era the pattern which began to emerge at the end of the tranch one era by which
02:00:33 the end of the tranch one era by which former SDS undercover officers returned to the unit to serve in a managerial or administrative capacity continued in the
02:00:50 administrative capacity continued in the tranch 2 era hn 68 hn 109 and hn 45 were all former UC
02:01:01 we shall be exploring a wide range of issues with the units managers in this phase the adequacy of recruitment procedures training guidance supervision support leadership
02:01:14 support leadership discipline and officer welfare require examination so to the practices and motivations for targeting decisions tasking within deployments monitoring of deployments
02:01:28 deployments monitoring of deployments the value of the intelligence obtained and its
02:01:33 and its dissemination culture attitudes and priorities in relation to secrecy operational security the elite nature of the unit women people of color the
02:01:44 the unit women people of color the deceased children whose identities were used the criminal justice system and the Civil Justice System are all matters that we shall seek to understand more
02:01:55 that we shall seek to understand more fully in relation to the events that we are considering the role of more senior managers in the chain of command will be examined from the perspective of SDS
02:02:08 examined from the perspective of SDS managers as well as the relationship with the security service a particularly important factual issue will be the extent to which managers knew or cared about the sexual
02:02:22 managers knew or cared about the sexual relationships which were occurring there is a dichotomy in the evidence between the uos and managers on the question of knowledge a number of the former UCO
02:02:36 knowledge a number of the former UCO State either that they told at least one manager at least something of what was happening or state that they did not discuss it with management but believe that managers nevertheless knew only DCI waight accepts that he
02:02:50 knew only DCI waight accepts that he knew something and he appears to have done little or nothing nothing about it we are today uploading to the website a second corporate witness statement provided on behalf of the security
02:03:02 provided on behalf of the security service and dated the 10th of June 2024 it is made by a deputy director who
02:03:15 2024 it is made by a deputy director who is the head of human intelligence in the security service and who we are calling witness why witness why's statement compliments and follows on from that provided by witness Zed in tranch one it will be followed by
02:03:31 will be followed by 412 accompanying documents the statement covers in some detail the relationship
02:03:42 covers in some detail the relationship between the SDS and the security service during the trange 2 era and provides important context within which to understand that relationship sir you have also had sight of a closed statement containing further Evidence it is clear that the direct relationship between the SDS and
02:03:58 relationship between the SDS and security service remained strong during the trange 2 period each assisted the other although the principal element of the relationship was always the flow of intelligence from the SDS to the
02:04:10 intelligence from the SDS to the security service there is greater evidence of involvement of non SDS MPS managers in the relationship later in the period the security service
02:04:21 the period the security service undoubtedly considered the SS's intelligence to be of assistance to it
02:04:33 intelligence to be of assistance to it and that view is expressed repeatedly in the documents witness y confirms that one reason why this the service is likely to have valued SDS intelligence was for vetting purposes the foundation of the relationship continued as in the trch
02:04:46 relationship continued as in the trch one era to be special Branch's function to assist the security service to count subversion I have previously addressed
02:05:03 subversion I have previously addressed you sir during the course of trench one on the definition of subversion up to and including the 1984 guidelines witness y addresses a further development namely the enactment of the security services act 1989 which came into force on the 18th
02:05:16 1989 which came into force on the 18th of December of that year the wording of the statute superseded the Harris definition and might have heralded a change in a approach to the services
02:05:31 change in a approach to the services work however witness y states that there was in fact no material change to the service's understanding of its responsibility for investigating subversion the witness also explains that the security service interpreted
02:05:44 that the security service interpreted its remit widely to cover both actual and potential threats what did change was the security services assessment of the threat of subversion witness y links a series of
02:05:56 subversion witness y links a series of national and geopolitical developments to a significant decline in the level of threat during the late 1980s and early 1990s they include
02:06:09 1990s they include perista the end of the Cold War and the decline of heavy industry in the United Kingdom witness y statement is of
02:06:20 Kingdom witness y statement is of particular interest because it explains how the security service responded
02:06:32 how the security service responded progressively to its changing assessment of subversion counter subversion work was scale back in three steps which occurred in 1988
02:06:35 1988 1992 and
02:06:43 1992 and 1996 the 1992 and 1996 steps seem to be the most important for our purposes by 1992 the threat of subversion was assessed as low and resulted in a decision to abandon collecting intelligence about Rank and
02:06:56 collecting intelligence about Rank and file members of groups considered to be subversive unless they held positions of influence intelligence continued to be
02:07:08 influence intelligence continued to be gathered about the groups themselves as well as their leaders a decision was also taken to retain historic records on Rank and file members which helps to explain why we have been able to
02:07:23 explain why we have been able to retrieve so many SDS intelligence report from the tranch one and tranch 2 areas from the security service the decision was communicated to special branch in
02:07:35 was communicated to special branch in writing by 1996 the threat of subversion was assessed to have fallen still further to a low to negligible level the management Board of the security service
02:07:49 management Board of the security service decided to reduce its counter subversion work to what it described as a watching brief scanning The Horizon for any Resurgence of subversive activity of particular significance for our purposes is that the security
02:08:02 our purposes is that the security service looked to special Branch to be its eyes and ears for this purpose the consequence of these changes was that what the security service sought from special branch and the SDS
02:08:17 sought from special branch and the SDS for counter subversion purposes changed progressively between 1988 and 1996 but its requirement in this regard did not cease
02:08:31 not cease entirely many but not all of the groups reported on by trench 2 SDS uos were deemed by the security service to meet the definition of subversion at the time or to Warrant counter subversion
02:08:45 or to Warrant counter subversion investigation evidenced by the various additions of the security service's brief guide to subversion for example l and Greenpeace is described as being a
02:09:00 and Greenpeace is described as being a non-s subversive group at its founding but is included in the brief guide to subversion having gradually become influenced and then dominated by London
02:09:11 influenced and then dominated by London anarchists anarchism had its own chapter in the August 1984 edition of the brief guide to
02:09:12 guide to subversion despite recognizing it had never developed Beyond small scale and short-lived groups in contrast to Green pieace London green pieace CND was not regarded
02:09:30 London green pieace CND was not regarded as a subversive group but was studied by the security service due to the infiltration by subversive individuals the swp once the most
02:09:44 individuals the swp once the most significant non- entous trotskyist group posing a significant subversive threat was by 1993 judged Not to cause great concern the Security Services interest in the work of the SDS was not limited
02:10:02 in the work of the SDS was not limited to counter subversion the relationship also Spann counterterrorist work and witness y states that the working relationship between the SDS and the security service for this purpose continued of relevance to our work in trange 2 Phase 2 are documents which
02:10:15 trange 2 Phase 2 are documents which evidence that in the early 1990s the security service considered whether the aspects of animal rights activism might
02:10:28 aspects of animal rights activism might be so Extreme as to constitute terrorism and thus fall within their statutory remit the conclusion appears to have been that at its margins the activities
02:10:40 been that at its margins the activities of some animal rights activists could be construed as terrorism however it was a very low priority for the security service it would require considerable resources which were limited
02:10:52 which were limited and was primarily a police responsibility the provision of assistance to the police was proposed but only where activity was of a kind that fell within the definition of
02:11:06 that fell within the definition of terrorism we have recovered some SDS reporting on animal rights activity from security service archives witness why states that animal rights activism was
02:11:21 states that animal rights activism was not regarded as subversive in itself and the security service considered that subversive groups did not manipulate animal rights in an orchestrated manner however the security service
02:11:33 manner however the security service identified a link between animal rights extremism and Anarchist groups reports about individual animal rights activists might still be of interest if they were subversive in their mindset and
02:11:46 subversive in their mindset and affiliation for example a security service note in 1989 recorded that whilst a security service did not study the AL information about individual anarchists was
02:12:01 about individual anarchists was useful the documents demonstrate regular discussion about targeting between the SDS and the security service who inform the SDS of their intelligence requirements and targeting preferences
02:12:14 requirements and targeting preferences the security service adapted their own targeting in light of the SS's deployments and the SDS in turn adapted their targeting to cover gaps in security service coverage the security service also made oral requests for
02:12:34 service also made oral requests for specific information from SDS uos passed numerous written briefs to the SDS and requested identifications from photographs a brief on the SDS prepared for the security service deputy director
02:12:49 for the security service deputy director General operations when meeting with the new Metropolitan Police Service Deputy assistant commissioner in 1989 is Illuminating on the topic of targe targeting the SDS is described as being
02:13:01 targeting the SDS is described as being quote sympathetic and responsive to the needs of the service despite being a meeting between very senior individuals the brief suggests the security service was
02:13:17 suggests the security service was accustomed to contributing to the detail of SDS targeting decisions it was said to be quote extremely important that everything possible should be done to discourage the SDS shifting away from three particular groups due to Serious
02:13:34 three particular groups due to Serious consequences for the security service on the contrary mpsb should be encouraged to quote increase the SDS attack on subversive targets of high priority to the service the contribution made by the
02:13:50 the service the contribution made by the SDS to the work of the security services F Branch was said to be quote very significant the security service regularly praised the SDS for example for providing quote superb reporting sources and for
02:14:03 superb reporting sources and for satisfying many important intelligence requirements for the security service information was described as valuable even when the group even where the group was a low priority for the security
02:14:22 service a final observation which may assist those anal izing the evidence is that witness y explains the SS's principal point of contact within the security service F Branch ceased to
02:14:34 security service F Branch ceased to exist in 1988 counter subversion was thereafter dealt with by C
02:14:44 Branch we are today publishing on the website excerpts from the annual reports of the commissioner of police of the Metropolis spanning the period 1983 to 1994 cor there is unsurprisingly no
02:14:56 1994 cor there is unsurprisingly no Express reference to the SDS in these documents although the importance of timely accurate intelligence and the appropriate resourcing of events at which there is a risk of public disorder are some of the major events requiring
02:15:12 are some of the major events requiring public order policing which are referred to are ones on which the SDS reported others have little or nothing to do with the SDS as targets for for example
02:15:29 the SDS as targets for for example football matches State visits unforeseen spontaneous protests protests driven by events overseas and large music concerts the 1983 report specifically Praises cnd's organization and cooperation with the police while
02:15:44 cooperation with the police while specifically criticizing the contrasting behavior of some Animal Welfare organizations the same report evidences
02:15:56 organizations the same report evidences the fact that at l a large number of MPS officers had served at greenham common in support of TS Valley police which fact May assist in understanding the context in which hn33 who use a cover name Lee bonser
02:16:09 hn33 who use a cover name Lee bonser came to be deployed into the women's peace
02:16:14 peace movement the 1985 report expressly sets out the then commissioner's critical views about anti- police campaigning in a section entitled divisive activity and police monitoring groups these passages
02:16:30 police monitoring groups these passages appear to demonstrate that SDS reporting on anti- police campaigning and police monitoring groups was aligned with the view at the very top of the Metropolitan Police
02:16:39 Police Service the 1988 report refers specifically to the convictions of Andrew Clark and Jeff Shepard giving some indication of how importantly they were viewed by the commissioner at the
02:16:55 were viewed by the commissioner at the time annual reports for the early 1990s contain multiple references to the events which cause racial tensions to rise and the subsequent confrontations between the far right and
02:17:10 between the far right and anti-fascists we are also today posting on the website extracts from four special Branch annual reports for the years 1983 to
02:17:29 years 1983 to 1987 as with the commissioner annual ual reports there are no Express references to the SDS however numerous groups and events on which the SDS reported are referred to some passages appear to reflect intelligence that we know was reported by the SDS however the assertion that special
02:17:42 SDS however the assertion that special branch have ceased to monitor the plans of animal rights activists in the Metropolis in the 1986 report does not Accord with what the SDS was doing the 1985 report specifically
02:17:55 doing the 1985 report specifically asserts that steps had been taken to address the risk of gathering too much intelligence it is right to note both that this assertion is not specifically
02:18:13 that this assertion is not specifically associated with the SDS but also that we have detected no Trace in the evidence of the amount of intelligence that it reported changing nor is there any sign that the amount retain AED by the security service from where most of the reporting
02:18:27 service from where most of the reporting recovered by the inquiry for this period has come from reduced the 1986 report expressly refers to special Branch's contributions to
02:18:39 to special Branch's contributions to public order threat assessments it also acknowledges that CND activism was dwindling and assessed that Anarchist groups were small and only a moderate threat to public order animal rights activist
02:18:55 order animal rights activist features prominently in the 1987 report which notes that the animal rights National index or Anie had been formed on the 6th of January 1986 and was under the day-to-day supervision of the MPS
02:19:15 the day-to-day supervision of the MPS Arie we know became a customer for SDS intelligence the same report records that there had been six improvised incend device attacks within the Metropolitan Police District during the course of the year mounted by animal
02:19:29 course of the year mounted by animal rights activists it also refers to the arrest of Shepherd and Clark more generally the 1987 report draws attention to what is described as a heavy demand for threat and public order
02:19:45 assessments we have obtained and are posting on the website an exchange of letters in April 1983 which are relevant to the factual
02:19:57 1983 which are relevant to the factual context in which hn 65 who use a cover name John Kerry hn33 who use a cover name Lee boner and hn 88 cover Nam Timothy Spence were deployed Major
02:20:09 Timothy Spence were deployed Major General Carl H cath Jr wrote on the 11th of April
02:20:11 of April 1983 to Mr Colin humph the then Deputy under secretary Air at the ministry of Defense about the actions of Peace protesters at RF upper Hayford in
02:20:33 protesters at RF upper Hayford in particular he raised the risk that if more action was not taken to prevent trespassing into restricted areas a protester might end up being shot he wrote my concern is not over the security of those resources for our
02:20:44 security of those resources for our Personnel will see that they are kept secure and our rules for the use of dead de ly Force are essentially the same as those used by the
02:20:55 those used by the RAF I believe however that politically the shooting of a British civilian by an American serviceman would have much stronger political
02:21:09 stronger political repercussions than would the same action undertaken by a British serviceman a prompt response was forthcoming on the 15th of April 1983 assuring The General that the
02:21:21 1983 assuring The General that the situation was causing considerable concern within the mod and that very
02:21:33 concern within the mod and that very serious consideration was being given to the problem by both the mod and other government
02:21:38 departments we are grateful to the category H Team for drawing our attention in tranch one to the fourth report in the series of four Under the Umbrella title police and people in London written by David J Smith and
02:21:53 London written by David J Smith and Jeremy gray and published by the policy Studies Institute in 1983 a copy is being put into evidence and posted on the website the series was part funded by the MPS the fourth report
02:22:08 part funded by the MPS the fourth report police in action carefully documents the deeply ingrained pervasive sexism and racism which the authors found in the course of their work I note that the document was was relied upon by Mr skel
02:22:23 document was was relied upon by Mr skel King's Council as one of the grounds for the admissions which he made on behalf of the commissioner at the start of the trange 2 Phase 1
02:22:44 hearing a particular challenge which this inquiry has had to Grapple with is how to receive evidence from non-state core participants and other civilian Witnesses about serious actual and alleged breaches of privacy without further breaching their privacy it is simultaneously important
02:22:59 privacy it is simultaneously important for reasons of transparency and public confidence in the work of the inquiry that our hearings are as open as we can
02:23:11 that our hearings are as open as we can reasonably make them privacy issues are more numerous and more acute in this phase than they have been to date although the default position is that evidence will be given in open at
02:23:23 evidence will be given in open at hearings to which the public have access there will necessarily have to be significant derogations from this at times a small amount of evidence will
02:23:34 times a small amount of evidence will have to be given in private hearings to which the public are not admitted on other occasions evidence will be subject to a reporting restriction order which will prevent onward communication of aspects of
02:23:53 onward communication of aspects of evidence which is otherwise given in open in either case we will seek to publish where we can do so without defeating the purpose of the measure either a redacted transcript or gist of the evidence in question inevitably
02:24:05 the evidence in question inevitably however such documents will require careful preparation which will take
02:24:16 careful preparation which will take time in addition some witnesses will be the subject of special measures either to protect their privacy the public interest or to facilitate the giving of their evidence these will range from
02:24:27 their evidence these will range from remote attendance to screened and voice modulated
02:24:32 modulated hearings it only remains for me to thank everyone who has been involved in the preparation of this phase of the inquiry hearings for the considerable volume of work undertaken over the course of
02:24:46 work undertaken over the course of several years often under considerable pressure of time to enable it to take place in the case of witnesses we are conscious that the process of making a witness statement and giving evidence
02:25:03 witness statement and giving evidence often involves revisiting matters which many find very difficult to relive for wholly understandable reasons thank you uh we will resume at a quarter past 12 when Mr Skelton king
02:25:16 quarter past 12 when Mr Skelton king Council will make his opening submission on behalf of the commissioner
02:25:49 for
02:40:18 e e
02:41:00 Mr
02:41:06 skeleton so thank you um you and the inquiries core participants have the mps's written opening statement for this phase which will also be published on the inquiry's website and so this oral
02:41:18 the inquiry's website and so this oral opening will briefly highlight some of the points made in that written opening so in Phase One the inquiry heard the powerful evidence of Francis Bennett who spoke on behalf of himself
02:41:32 Bennett who spoke on behalf of himself and his sister Anna Robson as to the use of their brother Michael Anthony Harley's identity by hn12 and the evidence of Martha Marva Lewis on behalf of herself and her sister Judy Lewis as to the use of her brother Anthony Lewis's identity by
02:41:49 brother Anthony Lewis's identity by hn7 the MPS is grateful to them and their families for sharing their personal stories with the inquiry and the dignity with which they did so these Witnesses told the inquiry of the shock
02:42:00 Witnesses told the inquiry of the shock and the distress caused by the discovery of the use of their family members identities the MPS apologizes to them and to their families publicly for the profound impact that the use of this
02:42:13 profound impact that the use of this tactic has had on them the use of their loved ones names by the SDS has compounded the distress they have each suffered The NPS can assure the families and the public that the SDS stopped
02:42:25 and the public that the SDS stopped using the identities of real persons in the mid
02:42:32 the mid 1990s and this practice is not in use in the MPS today and will never be used by the MPS
02:42:40 the MPS again so during phase one the inquiry also heard from B and Jenny who were involved in deceitful sexual relationships with hn 78 Trevor Morris B from March 1992 and Jenny in 1995 B and Jenny gave moving accounts of the
02:42:56 B and Jenny gave moving accounts of the harm this deceit has caused them Trevor Morris's treatment of them was unequivocally unacceptable the MPS was profoundly disappointed that he failed to take the multiple opportunities
02:43:08 to take the multiple opportunities offered to him by your Council to take responsibility for his actions and to apologize for the hurt he's caused them it's also right sir to acknowledge that some SDS uos were let down by their manager
02:43:21 manager and although it was or should have been obvious to all uos that sexual relationships were unacceptable the MPS failed to make this clear and failed to provide training and guidance on ensuring ensuring their
02:43:33 ensuring ensuring their avoidance Trevor Morris gave evidence that he asked for help on these issues and received none that too should not have
02:43:41 have happened so during this phase the inquiry will hear powerful evidence in respect of two Family Justice campaigns from Richard Avan Adams in respect of the Justice campaign for his son Roland
02:43:55 the Justice campaign for his son Roland Adams and John Bert monoville in respect of the Justice campaign for his son Trevor monaville both campaigns were reported on by SDS officers who were following their existing targets into them however as soon as the uca's
02:44:12 them however as soon as the uca's targets interest in the campaigns had been tested the reporting of them on them ought to have stopped the information associated with the campaigns ought not to have been retained and it is particularly indefensible that this intrusion occurred at a time when the families
02:44:25 occurred at a time when the families needed the assistance of the police in the pursuit of Justice the MPS apologizes to the families of Roland Adams and Trevor monoville for the fact that this intrusion
02:44:38 that this intrusion occurred so during the 1980s and into the 1990s the animal rights movement became increasingly active across the country and militants engaged in serious crime in the name of animal rights the
02:44:51 crime in the name of animal rights the so-called animal liberation a front and the animal rights militia were at the Forefront of this violent activity the intended victims of these attacks came from all walks of life and from across the political Spectrum individuals could be targets for uh
02:45:05 individuals could be targets for uh targets of criminal behavior for the job they did who they were or what they wore businesses large and small were attacked because their trade was contrary to the beliefs of the movement militants placed bombs under cars
02:45:17 militants placed bombs under cars planted incend devices in Department stores and conducted terrifying home visits one of the covert resources mpsb had at its disposal from within the SDS
02:45:31 had at its disposal from within the SDS was long-term Undercover operatives the decision to deploy uos to identify and gather intelligence on militant members of the animal rights movement was
02:45:42 of the animal rights movement was therefore justified in the face of the widespread and serial animal rights related crime prevalent in the 1980s however The NPS recognizes the inquiry will also need to explore how
02:45:53 inquiry will also need to explore how close uos were to aspects of the matters upon which they reported what value their intelligence had for those who received it and whether uos encouraged
02:46:04 received it and whether uos encouraged others to participate in crime it will also need to consider the sexual misconduct of uos which the MPS deplores but these issues are distinct from the preliminary question as to
02:46:15 from the preliminary question as to whether the deployments were Justified at the
02:46:16 at the outset so the lengthy deployment of Robert Lambert from June 1984 to January 1989 Demands a particularly thorough
02:46:27 1989 Demands a particularly thorough examination by the inquiry as Mr bar has outlined today although he was the Second Officer deployed into the animal rights field it's likely that he was the first in this field to engage in a deceitful sexual relationship he had at
02:46:41 deceitful sexual relationship he had at least four such relationships the first began in 1984 with CTS who's not a Coe participant in this inquiry in 1984 he also began a relationship with Jackie
02:46:52 also began a relationship with Jackie who features in his reporting and father the child with her TBS his third relationship began in 1986 with another woman RLC who is also not a COR participant and finally he engaged in a
02:47:04 participant and finally he engaged in a sexual relationship with Belinda Harvey between 1987 and 1988 so the MPS has previously apologized to the women with whom Lambert had sexual relationships whilst he was working
02:47:18 he was working Undercover the MPS also wishes to take this opportunity to acknowledge the accounts provided by Lambert's son TBS and to acknowledge to him sorry to
02:47:29 and to acknowledge to him sorry to apologize to him for the distress he has suffered including growing up without knowing his true parentage the MPS should not have allowed Lambert to behave in the way he did it will do all it can to ensure that TBS receives
02:47:44 it can to ensure that TBS receives answers to his questions during this inquiry Lambert is also accused of writing in whole or in part the so-called M liable leaflet he's accused of being a partis ipant in crimes and encouraging others to commit crimes some of the alleged criminality is extremely serious Lambert's accusers are not
02:48:02 serious Lambert's accusers are not limited to those that He spied on HM 109 a former manager alleges that Lambert headed a group of uos determined to protect Stefan Scott it is alleged that Lambert physically assaulted and
02:48:13 Lambert physically assaulted and threatened hn 109 in attempt in an attempt to stop him taking action against
02:48:14 against Scutt despite this the contemporaneous management view was that Lambert had a highly successful Tour of Duty cating in him being put forward for and being awarded a commendation by the then
02:48:26 awarded a commendation by the then commissioner his deployment appears to have then left a dangerous Legacy within the SDS by setting a gold standard
02:48:38 the SDS by setting a gold standard against which other ucas were judged and judged themselves the inquir will also wish to consider the extent to which this contributed to and reinforced the growing culture of exceptionalism and
02:48:50 growing culture of exceptionalism and impunity within the SDS in the 1980s in which unprofessional conduct went unchallenged and undisciplined so Robert Lambert was not alone in engaging in deceitful sexual relationships each of the other UCO deployed in the animal rights field
02:49:04 deployed in the animal rights field engaged in sexual activity during their deployments at at the very least the following relationships took place h11 Mike chitty had a sexual relationship with Lizzy who's no longer a core
02:49:17 with Lizzy who's no longer a core participant between 1985 and 1987 and continued contact with her after his deployment into 1990 he's also admitted other sexual impropriety hn 87 admitted during the rule 9 process that he had engaged in some sexual activity with
02:49:31 engaged in some sexual activity with four women on different occasions during his
02:49:32 his deployment John dyes had a sexual relationship with Helen steel between 1990 and
02:49:39 1990 and 1991 Andrew Kohl's had a sexual relationship with Jessica between 1992 and 1993 and there are other allegations of sexual impropriety
02:49:50 of sexual impropriety hn1 engaged in a sexual relationship with Denise Fuller between 1993 and at least
02:49:56 least 1994 these relationships were all unequivocally wrong the evidence given by B and Jenny in Phase One of TR 2 along with that of melin in TR one
02:50:07 along with that of melin in TR one demonstrate the devastating long-term effects these deceitful relationships have had the MPS is particularly disappointed that some of the former
02:50:18 disappointed that some of the former officers who behaved in this way have not fully supported the work of this inquiry by providing a witness statement or by agreeing to provide oral evidence through which their account might be
02:50:31 through which their account might be tested the public rightly expects police officers to be accountable for their actions those women who have been directly affected deserve this minimum courtesy so in respect of the issue of
02:50:42 courtesy so in respect of the issue of management knowledge of deceitful sexual relationships the MPS has already made clear in its phase one opening that it doesn't accept the general level of ignorance about relationships professed by the Tran 2 managers at a minimum
02:50:54 by the Tran 2 managers at a minimum information arose that merited further investigation and the known possibility of relationships occurring demanded vigilance critical inquiry explicit
02:51:09 vigilance critical inquiry explicit prohibition and training on these points as well as practical support none of this appears to have occurred some of the SS's former officers and managers may take a different view but on behalf of the commissioner I wish to restate what was
02:51:21 commissioner I wish to restate what was said in the opening statement for phase one the prevalence of sexual misconduct on the part of SDS officers in the t2 period the general disregard for the
02:51:33 period the general disregard for the personal autonomy and dignity of the women affected together with the inaction or indifference of their managers in response is a clear and acute manifestation of a widespread and enduring culture of sexism and misogyny
02:51:46 enduring culture of sexism and misogyny in the MPS for which the PS unreservedly
02:51:54 apologizes so in in respect of the issue of UCO criminality arrests and involvement in criminal proceedings SDS managers and uos appear to have been
02:52:06 managers and uos appear to have been fully aware of the prohibition against acting as an Aon provocateur however there is little evidence of any formal pre-authorization of criminal activity as would occur today in appropriate circumstances SDS management evidence
02:52:19 circumstances SDS management evidence remains mixed as to whether such conduct would have been authorized although most managers appear to have considered activity such as fly posting and
02:52:31 activity such as fly posting and low-level public order offenses to be a necessary part of the UCO maintaining cover and building credibility so in every case in which a UCA was to appear in court as a defendant a senior MPS manager should
02:52:43 defendant a senior MPS manager should have directed that disclosure be made to the prosecutor so that appropriate decisions about the prosecution could be made Miss Lead in the court including by simply failing to attend was not acceptable failure to attend also
02:52:55 acceptable failure to attend also created a risk of an arrest warrant being issued in the name of the real deceased person whose identity the UCO was
02:53:05 was using it's also a matter of concern that there's no evidence of investigators prosecutors or courts being informed when SDS officers were not defendants but were closely involved in the events in question such disclosure should have
02:53:21 in question such disclosure should have been properly considered in each case as part of the fair trial protections of those who are being tried as has been stated throughout this inquiry The NPS acknowledges that referrals to the miscarriage of Justice panel will be necessary and it will continue to assist the inquiry in its
02:53:42 continue to assist the inquiry in its work towards identifying the appropriate cases so turning now to the penultimate issue I'd like to address you on the justification and value of the SS's deployments it's not yet possible for the inquiry to to reach a settled view on the two important issues of
02:53:58 on the two important issues of justification and value proper and fair consideration of these issues requires evidence from the SS's intelligence Commissioners and its customers so far the only such evidence is the corporate witness statement of witness why a deputy director of the security service the state body with
02:54:13 security service the state body with primary institutional responsibility and competence for the assessment of subversion throughout the TR 2 period witness Y is not however being called to give oral evidence and their written statement has not been challenged by the inquiry therefore In
02:54:26 challenged by the inquiry therefore In fairness the inquiry starting position must be that the investigation and monitoring of those groups identified as subversive by the security service was justified and a proper aspect of the
02:54:37 justified and a proper aspect of the responsibilities of special branch of which the SDS was part the nps's position is that if the issues of justification and value are to be considered and reported on by the inquiry it must now cure evidence from
02:54:51 inquiry it must now cure evidence from the balance of the SDS as Commissioners and customers that is those commissioning the intelligence in special Branch operational squads and those then receiving and using the intelligence within those squads within the MPS public order units within the
02:55:06 the MPS public order units within the national collation indexes such as Arie and of course other police forces without this evidence sir the inquiry's understanding of the purpose and the use of the SS's work will be incomplete and there is a real risk that its
02:55:17 there is a real risk that its conclusions will be imbalanced and
02:55:29 unfair so finally I'd like to make these concluding comments on behalf of The NPS as I've said there was a clear justification for the covert infiltration of the militant aspects of the animal rights movement in the 1980s
02:55:41 the animal rights movement in the 1980s however in practice the SS's deployments were marred by the misconduct of its offices the MPS accepts corporate responsibility first for the systemic management failings Within the SDs that are demonstrated by extensive and repeated misconduct in the area of
02:55:53 repeated misconduct in the area of deceitful relationships over many years second for the general misapplication of the duties and responsibilities in respective UCA appearing in courts and the responsibilities to criminal
02:56:07 the responsibilities to criminal defendants who unwittingly interacted with
02:56:08 with uos third for the overall tone and content of reporting which was not subject to management intervention fourth for failing to provide adequate welfare and post-
02:56:19 provide adequate welfare and post- deployment support and fifthly for the aversion to disciplining wrongdoing and allowing a culture of impunity thereby to
02:56:30 to grow however sir it's important to make clear that the SS's managers dealt with a wide range of different different and challenging issues with varying degrees of success as the inquiry will inuk cor
02:56:45 of success as the inquiry will inuk cor C their management styles varied and to some extent were more effective than others in assessing the management of the SDS the inquiry should therefore take a properly individualized approach
02:56:57 take a properly individualized approach assessing what each manager did or could know and how they responded to the issues before them however sir as I've said the final assessment of the justification for and value of the SS's work overall as distinct from the
02:57:12 work overall as distinct from the questions of conduct and management must await the evidence as to how the SDS operated within the wider intelligence community in particular the Commissioners and customers of its
02:57:23 Commissioners and customers of its intelligence sir thank you thank you very much
02:57:24 very much indeed um can we now hear from Mr Sanders King's Council uh for those officers represented by the designated
02:57:40 lawyers sir um Mr Sanders is still not joined the call U may I suggest we rise for five minutes we can find out where he is sir yes um M Mr skeleton has been commendably succinct and um Mr Sanders
02:57:57 commendably succinct and um Mr Sanders and those who follow him later on this afternoon um ought to be prepared to begin slightly earlier than the scheduled
02:58:17 time
02:59:47 e e
03:00:53 good Mr Sanders uh a little earlier than anticipated but um thank you for being ready thank you sir good afternoon apologies for uh I had to leave one one link and come into another since the
03:01:04 delay
03:01:12 um shall I start please do forgive me I I was silent to let you do so thank you sir um the designated represents uh the following officers in the in the the next phase of tranch 2 so there are two
03:01:32 next phase of tranch 2 so there are two uh former undercover officers that's hn1 uh cover name Matt Raina and hn22 cover name Neil
03:01:33 name Neil Richardson one back office detective Sergeant that's hm 32 Michael couch and three manages at either detective
03:01:51 three manages at either detective inspector or detective Chief Inspector level so H3 9 Eric Docker h69 Malcolm McLoud and hn 109 uh so I'm going to address you today briefly on three topics uh which we've canvased in our written written opening
03:02:06 canvased in our written written opening the first is the conduct of the hearings and in particular a number of concerns that uh we have arising out of the conduct of the previous phase of tranch 2 in July um the topic of sexual activity and sexual relationships and
03:02:20 activity and sexual relationships and then very briefly at the topic of the TR craft
03:02:22 craft manual so to begin with the conduct of
03:02:37 manual so to begin with the conduct of the hearings sir as we've set out in our written opening um a key concern raised by a number of my clients who have followed the proceedings or given evidence is that the inquiry uh appears to be conducting a two-tier process whereby police Witnesses are subject to heavy
03:02:50 Witnesses are subject to heavy adversarial challenge often on matters of small detail uh and civilian Witnesses are subject to no challenge at all um this is in of course an
03:03:02 all um this is in of course an inquisitorial process no one is on trial in this inquiry and no one is less deserving of the same courtesy as anyone else uh all my clients have volunt
03:03:17 else uh all my clients have volunt voluntarily given up their time to make statements in an effort to assist the inquiry
03:03:23 inquiry um but the conduct of the proceedings in July coupled with the interim report um and the statement that you've made that the lessons to be drawn from the inquiry are largely self-evident um has left the impression
03:03:39 self-evident um has left the impression on many of them of predetermination and and of an inquiry that's going through the
03:03:40 the motions um if an individual has done wrong or could have done better it is of course right that that is explor B and
03:03:54 course right that that is explor B and tested in evidence but in our submission it's not right that individuals who did what was asked of them did not misconduct themselves should be belittled and sneered at simply because they served as police officers in a different
03:04:10 era as we set out in our written opening the uh phase one hearings of tranch 2 were listed from 10:00 a.m. to 400 p.m. the majority of police Witnesses including my clients were in their 70s
03:04:28 including my clients were in their 70s retired giving evidence about events of 3040 years ago um and being questioned about statements that they themselves made between two and four years ago all of them gave evidence for more than seven hours and most sat Beyond 6 o' in
03:04:47 seven hours and most sat Beyond 6 o' in the evening uh in our submission it's an unacceptable way to conduct hearings um particularly for this cohort of witnesses
03:04:50 witnesses and it's bound to produce fatigue mistakes and poor quality evidence and one of the consistent points being made by my clients who had followed proceedings was remarking on
03:05:05 followed proceedings was remarking on how very differently civilian Witnesses were
03:05:13 treated in terms of Civilian Witnesses it is of course right that the inquiry hears from women who deceived inter seexual relationships with undercover officers
03:05:18 officers and others who recall interacting with undercover officers but if an individual does not recall interacting with an undercover officer and is simply giving
03:05:30 undercover officer and is simply giving evidence about a group that was reported on the need for them to give unchallenged oral evidence is not obvious the inquiry is not investigating
03:05:43 obvious the inquiry is not investigating what happened at particular public order events or the maintenance of public order at such events and it's not investigating instances or disorder or the risks posed by particular groups for example it's not hearing from uniformed officers responsible for
03:05:57 uniformed officers responsible for policing events such as greenham common whopping or Welling it's not examining related threat assessments or operational orders plans briefs and
03:06:08 plans briefs and debriefs in those circumstances sir we submit that the perspectives of a selection of those involved with groups who wish to engage in the inquiry may be valuable but it does not need to be
03:06:22 valuable but it does not need to be heard orally simply for the sake of it particularly in our submission when questions about public order and disorder are being asked and answered on the false premise that disorder means
03:06:35 the false premise that disorder means violence this brings us back to a point we've made previously public order policing was and still is about ensuring an orderly tranquil State of Affairs where all members of society can go
03:06:48 where all members of society can go about their business and Leisure and use the public highways without let or hindrance demonstrations and protests in public spaces can disrupt this and
03:06:59 public spaces can disrupt this and therefore can require a police presence it is a question of risk and the assessment of risk and the allocation of appropriate
03:07:09 resources most groups that were reported on by the SDS they were all lawful groups most had of course moderate thoughtful members with no interest in disorder or violence
03:07:26 disorder or violence but this does not mean that protests and demonstrations that they were involved in did not risk disorder or require public order policing in particular other members of the groups and other people attending might have felt differently or had a different um disposition towards
03:07:38 different um disposition towards violence and disorder there was also risk that could arise in connection with a combination of different groups converging on the same protest or demonstration and the further risk
03:07:49 demonstration and the further risk factor of counter demonstrations or confrontations between demonstrators and protest even if those on one side were entirely
03:08:00 entirely peaceful the SDS was tasked with Gathering intelligence that would help with that process it was not confined solely to the avoidance of
03:08:15 riots so I don't think I I need to adust you anything else said on the topic of the conduct of the hearings we've given some specific examples in our written
03:08:28 some specific examples in our written opening statement the SE second topic I want to address you on briefly is that of sexual relationships and sexual activity by undercover officers as we've said in our written openings sir all sexual misconduct by undercover officers was wrong and should be condemned and not
03:08:44 be condemned and not condoned however not all of that activity was equivalent and not all of it represented relationships in the ordinary sense of the term that most people would understand for
03:08:55 understand for examples for example the admissions of
03:09:10 examples for example the admissions of hn12 who was a client of mine before he died uh was of one instance of kissing on one of oral sex h67 admitted a one night stand and h87 has admitted two instances of what he described as sexual fumbling and kissing with
03:09:21 kissing with tongues those episodes sir while they involved
03:09:22 involved misconduct and were unacceptable cannot be described and should not be described as sexual
03:09:33 should not be described as sexual relationships that's not how most would consider
03:09:35 consider them during TR 2 five or possibly six depending on the inquiry's findings in relation to hn2 Andrew
03:09:49 relation to hn2 Andrew Cole's uh five or six of 37 SDS undercover officers had sexual relationships with members of the public in the sense that the term relationship is ordinarily understood while this is a
03:10:03 is ordinarily understood while this is a significant and unacceptable minority it means that more than 30 members of the SDS did
03:10:07 SDS did not and this is relevant when it come when you come sir to consider what manage managers could or should have known because of course they were not faced solely with um those small number of officers who were misconduct
03:10:20 of officers who were misconduct themselves they were faced with a much larger cohort most of whom were not there's no evidence from any undercover officer or former undercover officer that the designated lawyer
03:10:31 officer that the designated lawyer managers or back office staff being dealt with in tranch 2 were informed or aware of sexual misconduct by underc officers let alone sexual
03:10:46 relationships in our submission the risk of totaling every instance of an undercover officer um who engaged in sexual activity and then counting that
03:10:58 sexual activity and then counting that as sexual relationships is it gives the impression that all of those were on a par with Bob Lambert and then it leads to the conclusion of condemning everyone as having been part of the culture of sexism and
03:11:14 sexism and misogyny that is not a description that my clients recognize of their time in the police in the 1980s taking that approach also cannot explain and tends to obscure the fact that the
03:11:28 and tends to obscure the fact that the risk of sexual attraction and encounters goes wider than just straight male undercover officers you are due to hear evidence in chanches three and four about sexual misconduct by female undercover officers and there was also the claim in the true
03:11:42 and there was also the claim in the true spies documentary about a gay undercover officer referred to as
03:11:49 Steve attributing all such activity to sexism and misogyny is an oversimplification these may have been factors in some cases but each needs to be considered on its own facts without
03:12:02 be considered on its own facts without oversimplification and bearing in mind the complicated psychological factors and impacts connected with undercover operations so finally the tradecraft
03:12:19 operations so finally the tradecraft manual uh and what I'm referring to here is the 44 four page trade C manual with the uh reference number MPS 05 27597 I think there are in fact two versions but that's the document I'm
03:12:30 versions but that's the document I'm talking about much has been made of this document it was and still is an unfinished draft some parts of it are written in the first person as a
03:12:42 written in the first person as a personal account and some are not there are different versions it has never had the official
03:12:53 versions it has never had the official status endorsement or use that many have assumed and in our submission tranch 2 is the first opportunity that the inquiry will have to explore this and hopefully clarify it you'll be hearing evidence from
03:13:08 evidence from hn2 and also hn10 Bob Lambert Al bit that his evidence about tradecraft
03:13:17 that his evidence about tradecraft manual might be in trry I'm not sure but in our submission it is important that some of the myths about this document are dispelled it didn't have the official status uh endorsement or use that many have assumed um so I think
03:13:31 that many have assumed um so I think that's all I need to address you on and uh thank you for your time thank you very
03:13:32 very much
03:13:34 much um because uh Mr Skelton and uh Mr Sanders have been commendably succinct in their submissions um the time allowed for them has not been uh fully used up
03:13:55 for them has not been uh fully used up it was intended that there would be uh a break uh at uh 1:15 and a resumption at 25 uh I am now going to rise and uh propose that we resume at T to rather than at quarter past 2 uh could I
03:14:08 than at quarter past 2 uh could I therefore ask uh Mr Sheldon King's Council who's going to make submissions on behalf of the home office uh Mr Whitaker uh Mr Rajiv Menan King's
03:14:22 Whitaker uh Mr Rajiv Menan King's Council Miss Charlotte Kilroy King's Council and Mr James scobby King's
03:14:35 Council and Mr James scobby King's Council if they would be prepared please uh to make their opening statements um roughly uh half an hour earlier than they had anticipated thank
03:14:46 you e