Wrongly Convicted Database Record


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David Barkshire



Conspiracy to commit aggravated trespassing


18 months suspended

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United Kingdom

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Judicially Exonerated

Summary of Case:

"David Barkshire was one of twenty codefendants were wrongly convicted in December 2010 of conspiracy to commit aggravated trespass at the Ratcliffe-on-Soar power station in Nottinghamshire, the UK’s third largest coal-fired power station, and shut it down for a week to stop 150,000 tonnes of CO2 entering the atmosphere. The prosecution contended that the protesters planned action was a intended as a publicity stunt, while the protester's defense was the law of necessity that they were going to act out of the necessity to protect the public from the power plant's dangerous emisions. All the defendants were sentenced to suspended 18 month prison terms. It was later discovered that the prosecution failed to disclose a recording made by undercover policeman Mark Kennedy who had infiltrated the group that recorded a meeting at which the protesters clearly stated they were acting on their belief they were protecting the public's health. On July 19, 2011 England's Court of Appeals quashed all 20 convictions. The court also ruled Mr Kennedy went "much further" than authorised and, arguably, acted as an "agent provocateur" by playing a significant role in organizing the planned protest."

Conviction Caused By:

Prosecution concealed exculpatory recordings made by an undercover police officer.

Innocence Proved By:

"On July 19, 2011 England's Court of Appeals quashed all 20 convictions."

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Was Perpetrator Identified?

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Information Source 1:

"Ratcliffe power station protesters cleared on appeal, BBC News, July 19, 2011"

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