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Bugging officer says he was part of 'police propaganda' operation

Detective who recorded MP's cell conversations claims he was asked to plant stories in press

By David Connett

The police officer at the centre of the MP bugging scandal claims he was involved in a propaganda operation to influence the outcome of a Royal Commission into Criminal Justice, The Independent on Sunday can reveal.

Detective Sergeant Mark Kearney says he was asked to research and leak cases to newspapers which showed suspects could sometimes escape prosecution by exercising their right to silence and refusing to answer police questions. The aim was influence the Royal Commission report, which later recommended judges be allowed to tell juries that defendants had refused to answer questions that could prejudice their case.

DS Kearney is at the centre of a political row after it was disclosed that, despite reservations, he secretly recorded conversations between the Labour MP Sadiq Khan and Babar Ahmad, a friend and constituent, who is fighting extradition to the US where he is accused of helping to finance terrorism. The recordings allegedly took place at Woodhill prison near Milton Keynes.

DS Kearney says he was seconded for six months from the Milton Keynes burglary squad to a special unit which he claims was designed to influence the outcome of the Royal Commission report. He said he was briefed on his new role by Sir Charles Pollard, the highly respected former chief constable of Thames Valley Police. There is no suggestion of any improper action by Sir Charles.

DS Kearney said: "Sir Charles told me that he had been working for some time on submissions to the Royal Commission into Criminal Justice which was being chaired by Lord Runciman. He went on to explain that a crucial area of this work related to a defendant's right to silence while in police custody. He felt that criminals were avoiding justice by using this route. His concern was that the initial findings of the commission suggested that there should be no change to the current law. Sir Charles and others sought to change this view.

"My role was then explained to me. Sir Charles told me that he was aware that I had many good contacts in the national newspapers from my time as a press officer. I was told to find cases where it was perceived that a guilty person had evaded justice by exercising their right to silence. I was then to carefully research these cases. When these cases reached this stage and would 'show up' the justice system I was to release them to one of my contacts."

He said he released details of 15 cases, all of which were published. He also says he was told on a number of occasions to write letters to newspapers. "The purpose of the letters was to highlight this area." He said the last letter he remembered writing was published in The Times in October 1993 using a pseudonym.

DS Kearney told Thames Valley detectives: "Sir Charles Pollard was very pleased with the work that I had done and felt that it was very significant in bringing about this change. He wrote me a letter of thanks which is still in my personal file together with the relevant details of the posting." DS Kearney is currently facing separate criminal charges of leaking information to the press.

Senior Scotland Yard sources said they were confident they will be cleared by the inquiry to be conducted by a former High Court Judge, Sir Christopher Rose, the Chief Surveillance Commissioner. They claim the authorisations to bug Babar Ahmad's conversations with Mr Khan were properly obtained and blame him for failing to disclose to the prison authorities that he was an MP. Mr Khan is alleged to have told HMP Woodhill only that he was a friend of Mr Ahmad.

Sir Charles was not available for comment last night.

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