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Activist's conviction to be quashed after undercover officer testified at trial Activist's conviction to be quashed after undercover officer testified at trial
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The criminal conviction of a campaigner is to be quashed after prosecutors admitted an undercover police officer gave evidence in a court case using a fake identity. The criminal conviction of a campaigner is to be quashed after prosecutors admitted an undercover police officer gave evidence in a court case using a fake identity. Michael Gracia’s conviction for assaulting an officer during a pro-cycling demonstration is to be overturned as prosecutors conceded one of the co-defendants at his original trial was working undercover for the police.
Michael Gracia’s conviction for assaulting an officer during a pro-cycling demonstration is to be overturned as prosecutors conceded one of the co-defendants at his original trial was working undercover for the police.
It brings to 57 the number of protesters who have been wrongly convicted or prosecuted in recent years because the activities of police spies had been hidden from their trials. Police and prosecutors are facing allegations that they have caused miscarriages of justice by frequently concealing key evidence gathered by undercover operations.It brings to 57 the number of protesters who have been wrongly convicted or prosecuted in recent years because the activities of police spies had been hidden from their trials. Police and prosecutors are facing allegations that they have caused miscarriages of justice by frequently concealing key evidence gathered by undercover operations.
On Tuesday, at Southwark crown court in London, prosecutors told Judge Jeffrey Pegden that they did not oppose Gracia’s appeal. On Tuesday, at Southwark crown court in London, prosecutors told Judge Jeffrey Pegden that they did not oppose Gracia’s appeal. Legal documents have shown that the undercover officer, whose real name is Jim Boyling, maintained the false identity throughout the prosecution and gave evidence using the fake persona during the three-day trial. Boyling had told arresting officers that he was a cleaner from east London called Jim Sutton.
Legal documents have shown that the undercover officer, whose real name is Jim Boyling, maintained the false identity throughout the prosecution and gave evidence using the fake persona during the three-day trial. Boyling had told arresting officers that he was a cleaner from east London called Jim Sutton. In 1996, Gracia had been part of a group of environmental campaigners who had cycled slowly around Trafalgar Square in London to hold up traffic and support striking tube workers. Some of them then occupied a government building when Gracia and another protester, John Jordan, were arrested for assaulting a police officer.
In 1996, Gracia had been part of a group of environmental campaigners who had cycled slowly around Trafalgar Square in London to hold up traffic and support striking tube workers.
Some of them then occupied a government building when Gracia and another protester, John Jordan, were arrested for assaulting a police officer.
A number of other campaigners were prosecuted for public order offences, including Boyling, who was pretending to be an environmental activist. He had adopted the fake persona to mask his five-year covert mission infiltrating leftwing groups.A number of other campaigners were prosecuted for public order offences, including Boyling, who was pretending to be an environmental activist. He had adopted the fake persona to mask his five-year covert mission infiltrating leftwing groups.
Boyling was a member of the Metropolitan police’s covert unit, the Special Demonstration Squad, which infiltrated hundreds of political groups between 1968 and 2008. Boyling was a member of the Metropolitan police’s covert unit, the Special Demonstration Squad, which infiltrated hundreds of political groups between 1968 and 2008. Its controversial activities – including forming long-term sexual relationships with campaigners and spying on the family of murdered teenager Stephen Lawrence – are to be examined in a judge-led public inquiry.
Its controversial activities – including forming long-term sexual relationships with campaigners and spying on the family of murdered teenager Stephen Lawrence – are to be examined in a judge-led public inquiry.
Boyling’s true identity was concealed from the campaigners and their lawyers at the original trial in 1997, which saw Gracia and Jordan given a conditional discharge. Boyling and the activists were cleared of public order offences.Boyling’s true identity was concealed from the campaigners and their lawyers at the original trial in 1997, which saw Gracia and Jordan given a conditional discharge. Boyling and the activists were cleared of public order offences.
Boyling’s real identity was revealed in 2011 following investigations by campaigners and their lawyers. Prosecutors did not oppose the quashing of Jordan’s conviction last year. However they have so far resisted requests from Jordan, the Guardian and the BBC’s Newsnight programme to make public a more detailed explanation of how the miscarriage of justice happened.Boyling’s real identity was revealed in 2011 following investigations by campaigners and their lawyers. Prosecutors did not oppose the quashing of Jordan’s conviction last year. However they have so far resisted requests from Jordan, the Guardian and the BBC’s Newsnight programme to make public a more detailed explanation of how the miscarriage of justice happened.
A judge is expected to hold a hearing in September to decide whether such an explanation should be published. The Guardian has argued that Jordan’s unsafe conviction was not an isolated case, as it appeared that prosecutors and police have been systematically withholding evidence gathered by undercover police in trials of political activists.A judge is expected to hold a hearing in September to decide whether such an explanation should be published. The Guardian has argued that Jordan’s unsafe conviction was not an isolated case, as it appeared that prosecutors and police have been systematically withholding evidence gathered by undercover police in trials of political activists.
On Tuesday, James Boyd, representing the Crown Prosecution Service, told the court that had the CPS known that Boyling was an undercover officer, it was likely that Gracia would not have been prosecuted. On Tuesday, James Boyd, representing the Crown Prosecution Service, told the court that had the CPS known that Boyling was an undercover officer, it was likely that Gracia would not have been prosecuted. He added that this, along with the minor nature of the conviction and the length of time since the original trial, had led prosecutors not to contest his appeal.
He added that this, along with the minor nature of the conviction and the length of time since the original trial, had led prosecutors not to contest his appeal.
Gracia lodged an appeal last October after being contacted by the Criminal Cases Review Commission, the official body that examines unjust convictions. His appeal is due to be formally granted at Southwark crown court on Thursday.Gracia lodged an appeal last October after being contacted by the Criminal Cases Review Commission, the official body that examines unjust convictions. His appeal is due to be formally granted at Southwark crown court on Thursday.