Mark Stone

Mark Stone was the pseudonym used by undercover police officer Mark Kennedy in his infiltrations of the climate protest movement.

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.. Through 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 NewNight interview<ref=name"Wark">Kirsty Wark, NewsNight "BBC2" 10/01/11, accessed 11/01/11</ref>. 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.

et 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 last year. 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

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?"

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?"

T:he 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.