Wrongly Convicted Database Record

 

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Olaf Bayer

 

Charge:

Conspiracy to commit aggravated trespassing

Sentence:

18 months suspended

Years Imprisoned:

Year Crime:

2009

Year Convicted:

2010

Year Cleared:

2011

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

England

City of Crime:

Nottinghamshire

Result:

Judicially Exonerated

Summary of Case:

"Olaf Bayer 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."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

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

Information Location 1:

http://www.bbc.co.uk/news/uk-14203873

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