Inquiry into Ratcliffe-on-Soar power station trial launched

An independent inquiry has been launched into the failed trial of activists accused of planning to shut down a power station in 2009 following claims the Crown Prosecution Service (CPS) kept evidence from defence lawyers in the case.

The inquiry will be led by a senior legal figure following “growing concerns” at the CPS over the evidence that was made available to the trial, which collapsed earlier this year, in which a number of protestors were accused of conspiracy to commit aggravated trespass after a protest at Ratcliffe-on-Soar power station in 2009.

As part of police investigations in 2009 to infiltrate the environmentalists’ group, PC Mark Kennedy worked as an undercover officer, but reports claimed that he later changed sides and had offered to help the defence. However, he subsequently denied he “went rogue” – but admitted questioning his role.

Claims have now surfaced that prosecutors had access to tape recordings made by PC Kennedy, who was exposed a few months ago, for longer than they had said.

The withholding of the tapes may also have had implications for the conviction of 20 other protesters sentenced for planning to break into the same power station.

Leaked documents indicate the CPS misled the public and even the courts when the trial was abandoned in January. The CPS told the court “previously unavailable information” had come to light that undermined its case against the activists.

Keir Starmer QC, director of public prosecutions, said: “In light of growing concerns about the non-disclosure of material relating to the activities of an undercover police officer in the Ratcliffe-on-Soar power station cases, I have decided that I will set up an independent inquiry, conducted by a senior legal figure, to work in tandem with the Independent Police Complaints Commission (IPCC) inquiry into the matter which began in January 2011.

“The two inquiries will have full access to all the available evidence, whether held by the police or the CPS, and will share information. They will also share their provisional findings before final reports are drawn up.”

He added that this arrangement will provide independent scrutiny of the actions of both the police and the CPS in relation to the disclosure issues arising from the Ratcliffe-on-Soar power station cases.

“It is an arrangement supported by the IPCC and the chief constable of Nottinghamshire. Until the two inquiries report, it is important that no conclusions are drawn about any individuals involved in this matter,” he said.

A spokesperson from Nottinghamshire Police said: “We are delighted to hear the announcement from the director of public prosecutions. Nottinghamshire Police invited the IPCC to conduct an independent inquiry into the circumstances around disclosure of material back in January.

“We have already provided a wealth of material and cooperated fully with each of the separate reviews conducted into the events relating to the Ratcliffe-on-Soar power station cases.

“It is absolutely crucial that the integrity of the police service, and the criminal justice system as a whole, is beyond question and we believe conducting an independent review in these matters is the right thing to do. We look forward to its outcome.”