On Tuesday 7th June, a legal case over undercover police relationships was in the High Court. It was the latest battle in a four year campaign to hold the police to account, and in it the police continued to try to stall these civil proceedings and avoid disclosing evidence. The claimants, two women and a man [1], are suing The Metropolitan Police, South Wales Police and the Association of Chief Police Officers over sexual abuse committed by an undercover police officer in Cardiff – “Marco Jacobs”. [2]
Significantly, the Police backed down from asserting a blanket “Neither confirm nor deny” policy (NCND) to resist disclosing documents relevant to the case, and have now been directed by the court to apply by 23rd September 2016, if they wish, to withhold disclosing documents on the ground that it would damage the public interest.
Despite having very publicly apologised to 8 women for such deceitful long-term intimate relationships and abuses, Police continued their stalling tactics in this case, attempting to put back the timetable to trial as far as possible. This found no favour with Master Davison, nor did their shabby attempt to compel the Claimants to disclose their medical records and endure examination by their psychiatrist before the Police had given evidence.
It is likely that there will now be a hearing in the Autumn on the Police’s disclosure of evidence and public interest immunity, the trial is now set to take place around March 2017.
“Though the abandonment of the false defence of ‘neither confirm nor deny’ is to be welcomed, the request for claimants to disclose medical records before the release of any police evidence whatsoever, illustrates how Police continue to try to avoid being held to account” – Tom Fowler, 3rd claimant
“It beggars belief, that after five years, and despite hand-wringing public assertions that sexual relationships are an abuse and cannot be authorised as a police tactic, the Defendants have continued to bob and weave in this litigation in reliance on technicalities and police procedure. Jules Carey, Solicitor for the three.
NOTES:
- AJA, ARB, & Thomas Fowler (Claimants) -v- Commissioner of Police for the Metropolis, Chief Constable of South Wales Police, & Association of Chief Police Officers (Defendants)
- The Undercover Officer spent 5 years infiltrating anti-capitalist, anarchist, environmental, animal rights and other campaign groups, developing a number of close personal relationships, and in common with several other undercover police who have been exposed, engaged in the sexual abuse of a number of his targets.
