Mark Kennedy

Mark Kennedy was an undercover police officer who used the name Mark Stone in his infiltrations of the climate protest movement and was known as 'Flash' to campaigners. His cover was blown in October 2010 and in January 2011 after wide media coverage he went public with his story in a Mail on Sunday interview.

Infiltration

In a The Guardian article, the initial process of infiltration is described.

He turned up with long hair, tattoos and an insatiable appetite for climbing trees. Few people suspected anything odd of the man who introduced himself as Mark Stone on a dairy farm turned spiritual sanctuary in North Yorkshire.

He had come alone on 12 August 2003, in the middle of a heatwave, for a gathering of environmental activists known as Earth First.

What no one could have known was that, despite appearances, the 33-year-old "freelance climber" was actually PC Mark Kennedy, an undercover police officer beginning an audacious operation to live deep undercover among environmental activists.

Activities

Infiltrating through Social Networks

"He took part in almost every major environmental protest in the UK from 2003, and also managed to infiltrate groups of anti-racists, anarchists and animal rights protesters", says 'The Guardian.

Using a fake passport, Kennedy visited more than 22 countries, taking part in protests against the building of a dam in Iceland, touring Spain with eco-activists, and penetrating anarchist networks in Germany and Italy.

It was a career that involved breaking into power stations, invading airports and – according to legal papers – concluded in an operation in which he now stands accused of crossing the boundary from spy to agent provocateur.

Kennedy had two assets that, in the years to come, would make him indispensable to protesters. First, he could drive, and had a dark blue pick-up truck. Second, he was generous with his money, agreeing to pay for campaign literature, rented vans and fines imposed on activists in magistrates courts. His largesse would eventually earn him his best-known nickname, Flash.

Embedded within friendships

He was becoming well-known among protesters, including Alex Long, a member of the London-based Wombles anarchist collective, who had met him the previous year.

Looking back, Long said, Kennedy was "too good to be true – the perfect activist". "He would be your best mate, but not in a contrived way," he said. "If he walked in right now, I'd say to him: 'Mark, how you doing?' and then only seconds later I'd think, oh, I forgot, you're a cop."

Moving in social circles, out with meetings, appears a key method of becoming embedded. As an article from The Guardian explains

Kennedy would live a remarkable double life lasting more than seven years. So embedded in the protest community did he become that about 200 people turned up for a joint celebration of his 40th birthday, described as a "three-day bender" on a farm.

All were, of course, oblivious that Kennedy was feeding back detailed reports to his police commanders as he participated in, and sometimes even organised, some of the most high-profile demonstrations of the past decade.

Career in the Met

The Guardian reveals that

Kennedy's career as a police constable in the Metropolitan police began around 1994. It was almost 10 years later – in early 2003 – that he was selected as a candidate for a classified operation.

NPIOU

Police have been infiltrating protest movements for decades, but Kennedy was to be one of the first to work for the newly formed National Public Order Intelligence Unit, which monitors so-called "domestic extremists". This unit occupies a similar function to that of the Special Demonstration Squad, now defunct.

Double Life

The Guardian tells us that, in the summer of 2003

he was issued with a driving licence and passport bearing his new identity – Mark Stone – and a plausible backstory that explained his long absences. Claiming to be a professional climber, Kennedy told people he encountered in Nottingham – many of them connected to Earth First – that he often had well-paid work abroad.

More than a Peripheral Role

Conscious of police surveillance, activists keep those who know about the logistics of a protest "action" to a small circle. For practical reasons, those in the know typically include people responsible for transport. By the summer of 2006, according to The Guardian,

he entered the circle of people planning the first of the annual Climate Camp gatherings, helping to set up the encampment near the Drax coal-fired power station in North Yorkshire. Around the same time he chained himself to Hartlepool nuclear power station and climbed a crane at Didcot power station.

At the following year's Climate Camp, Kennedy was trusted enough to be given the important role of organising transport needed to set up a camp near Heathrow.

Kennedy allowed his house to be used for planning meetings and, days before the protest was due to take place he used his fake ID to pay £778 to hire a 7.5-tonne truck to transport equipment. Those around said they became increasingly aware of his desire for the protest to go ahead.

The Costs of Police Intelligence

Police had been tipped off – by Kennedy The Guardian suggests– that some activists planned to break into the nearby Ratcliffe-on-Soar power station, a coal-fired plant owned by E.ON. In a £300,000 operation police swooped into a school building where protesters had gathered on the eve of the invasion. He told friends each undercover spy cost £250,000, according to The Guardian. Kennedy is believed to have been one of at least two undercover operatives working for the National Public Order Intelligence Unit, an agency that monitors so-called domestic extremists. A Daily Mail article reveals that

‘Each undercover officer cost £250,000 a year in wages, overtime, cost of transport and housing. Every day I was on the job, even if I was at 'home' in bed watching telly and doing the laundry, I got five hours’ overtime. My handler got the same overtime.

‘When I was actively involved in operations I would get the maximum, which was 14 hours of overtime on top of my eight-hour working day. ‘They paid me for 22 hours of work which was the maximum I could claim in a 24-hour period. This could go on for weeks. My handler, or cover officer, would get the same. The same article itemised controversially expensive cars and accomodation purchased by the NPOIU.

In 2009 when Strathclyde Police attempted to recruit spies within Plane Stupid, revelations on amounts of money paid by infiltrators of the environmental movement were also disclosed. Through a Freedom of Information request, The Guardian revealed that Strathclyde Police force had almost doubled the annual amount it paid to informants since 2004, when £145,198 was paid. A total of £762,459 was paid between 2004 and 2008.

Infiltrator or Agent provocateur?

Legal documents suggest Kennedy's activities, working for the NPOIU, went beyond those of a passive spy, prompting questions as to whether his role in organising and helping to fund protests meant he turned into an agent provocateur, suggests the BBC NewsNight interview. As told by The Guardian

Kennedy allowed his house to be used for planning meetings and, days before the protest was due to take place he used his fake ID to pay £778 to hire a 7.5-tonne truck to transport equipment. Those around said they became increasingly aware of his desire for the protest to go ahead.

When a heavy police presence was reported outside the power station, activists considered abandoning the protest, but nominated Kennedy to drive out to see how big a threat they posed. When he returned, he told the group there was no police presence at all. The arrests followed soon after.

Prosecution Collapses

However, the prosecution told the defence on Friday 7th January 2011, just before the trial was due to begin, and almost 20 months after the investigation began, that 'Previously unavailable material that significantly undermines the prosecution's case came to light on Wednesday 5 January'. The discovery of this material came at the time when the prosecution were informed that we planned to pursue disclosure of the evidence relating to PC Kennedy with the judge. Unsurprisingly, they have declined to confirm whether the new material relates to PC Kennedy. In my opinion the two are obviously connected. The timing speaks for itself. These events also beg wider, serious questions.

That evidence, had it been kept secret, could have led to a miscarriage of justice. Serious questions must be asked relating to the policing of protest, from the use of undercover officers, to the use of expensive and legally questionable mass pre-emptive arrest of protesters, to extremely restrictive pre-charge bail condition, to the seemingly arbitrary nature by which the 114 initially arrested were reduced to the final 26 who were eventually charged. The police need to answer some serious questions about their conduct relating to protesters.

Exposed

Suspicions grew when Kennedy – among 27 activists who were charged – declined to use the same law firm as the others. Charges against him, but not the others, were then dropped. But it was a chance discovery of his real passport, bearing the surname Kennedy, months later that put activists on a trail that would eventually lead them to documents confirming he was a police officer. Six of Kennedy's close friends confronted him in a house in Nottingham in the early hours of 21 October 2010. He confessed, breaking down in tears and expressing regret for the pain he had caused. He told those present that he was not the only officer deep undercover in the protest movement, costing the taxpayer £250,000 a year per agent. Those claims – along with his apparent remorse – were not believed by everyone present. "He is duplicitous. He was undercover for seven years. I didn't trust a word of what he was saying," said one activist.

Gone Native?

Kennedy's personal journey also appears to have ended with a remarkable twist. In recent weeks, after protesters discovered his hidden identity and circulated news that he was a police agent, Kennedy is said to have "gone native". He has expressed remorse to betrayed friends and is seeking some way of securing redemption.

Remorse?

Much of the mainstream media suggest his desire for redemption is sincere. In email exchanges with activists and their lawyer, Kennedy talked of taking a "leap of faith", giving the defence evidence that would "assist" them. "I want to help," he said. Three weeks ago, Kennedy suddenly pulled out and ceased communications, but not before expressing an abiding concern. "I don't want this ever to happen to anyone ever again," he said. "What's happened is really wrong." It could be argued that the public's focus on remorse deflects the attention from the question of intrusive police tactics.

Personal relationships and code of conduct

In Germany

The Guardian understands Kennedy spent long periods in Germany, and lived with individuals in the "black block" anarchist movement.

He also travelled extensively elsewhere in Europe, using a fake passport to enter 22 different countries. Andrej Hunko, an MP for the leftwing Linke party, issued a press release saying Kennedy had been "active" in Germany as well as the UK and had "trespassed" in the private lives of activists.

Just before Christmas the German government refused to answer a series of parliamentary questions Hunko had tabled about Germany's co-operation with undercover police officers from other countries, and Kennedy in particular. Hunko had asked (here: in German) whether the German government knew Kennedy was working undercover "in German territories", and whether it had authorised his deployment under his undercover identity, Mark Stone.

He also asked: "How does the federal government justify the fact that [Mark Kennedy], as part of his operation in Germany, didn't only initiate long-term, meaningful friendships but also sexual relationships, clearly under false pretences?"

The Bundestag refused to answer all questions relating to Kennedy, citing operational reasons.

As detailed in documents obtained from Strathclyde Police the process for UK Covert Human Intelligence Sources (CHIS) operating abroad requires higher authorisation and oversight.

External Resources

• Paul Lewis and Nidhi Prakash, Ratcliffe coal protesters spared jail sentences, guardian.co.uk, 5 January 2011.
• Rob Evans and Paul Lewis, Undercover officer spied on green activists, guardian.co.uk, 9 January 2011.
• Paul Lewis and Rob Evans, Mark Kennedy: A journey from undercover cop to 'bona fide' activist, The Guardian, 10 January 2011.
• Helen Pidd and Paul Lewis, MP in Germany says Mark Kennedy 'trespassed' in Berlin activists' lives, guardian.co.uk, 10 January 2011.
• Paul Lewis and Rob Evans, Activists walk free as undercover officer prompts collapse of case, guardian.co.uk, 10 January 2011.
• Paul Lewis, Rob Evans and Martin Wainwright, Mark Kennedy knew of second undercover eco-activist, guardian.co.uk, 10 January 2011.
• Paul Lewis and Rob Evans, Environmental activists demand inquiry into undercover officer's role, guardian.co.uk, 10 January 2011.
• Policing protest: When the line is crossed, The Gardian, 11 January 2011.
• Paul Lewis and Rob Evans, Tricked, betrayed, violated: did police spy use sex to win activists' trust?, guardian.co.uk, 11 January 2011.
• Paul Lewis, Rob Evans and Vikram Dodd, Calls for inquiry into conduct of undercover police officer, guardian.co.uk, 11 January 2011.
• Vikram Dodd, Undercover officers: Limited rules on sexual encounters, guardian.co.uk, 11 January 2011.
• Ben Child, Tale of undercover eco-warrior PC could hit the big screen, guardian.co.uk, 12 January 2011.
• Paul Lewis, Rob Evans and Vikram Dodd, Revealed: Second undercover police officer who posed as activist, The Guardian, 13 January 2011.
• Paul Lewis, Afua Hirsch and Rob Evans, Activists challenge convictions in wake of police spy revelations, guardian.co.uk, 13 January 2011.
• Rob Evans, Amelia Hill, Paul Lewis and Patrick Kingsley, Mark Kennedy: secret policeman's sideline as corporate spy, The Guardian, 13 January 2011.
• Matthew Taylor and Paul Lewis, Undercover police officer Mark Kennedy at centre of international row, The Guardian, 13 January 2011.
• Afua Hirsch, Mark Kennedy and the strange case of undercover sex, guardian.co.uk, 13 January 2011.
• Afua Hirsch, Mark Kennedy case: News of sexual liaisons may result in civil actions, guardian.co.uk, 13 January 2011.
• Rob Evans, Matthew Taylor, Afua Hirsch and Paul Lewis, Rein in undercover police units, says former DPP, guardian.co.uk, 13 January 2011.
• Vikram Dodd, IPCC to launch inquiry into collapsed case against environmental protesters, guardian.co.uk, 13 January 2011.
• Henry McDonald, Mark Kennedy 'took part in attack on Irish police officers at EU summit', guardian.co.uk, 14 January 2011.
• Paul Lewis, Matthew Taylor and Rajeev Syal, Third undercover police spy unmasked as scale of network emerges, Guardian.co.uk, 14 January 2011.
• Amelia Hill, Mark Kennedy 'played key role in forming green movement in Iceland', guardian.co.uk, 14 January 2011.
• Helen Pidd, Undercover police officer 'could be prosecuted in Germany', guardian.co.uk, 14 January 2011.
• Kate Anderson, Police climate spies can't break us, guardian.co.uk, 14 January 2011.
• Caroline Graham, 'I'm the victim of smears': Undercover policeman denies bedding a string of women during his eight years with eco-warriors, Mail on Sunday, 16 January 2011.