Drax protesters welcome appeal ruling

Malcolm Carroll, 56, also a Greenpeace activist, spoke after director of public prosecutions Keir Starmer said there were concerns about the safety of the convictions obtained following the Drax Power Station protest in 2008.

The cases against the 29 protesters who ambushed a freight train carrying coal to the power station used undisclosed information gathered by police officer Mark Kennedy, who spent seven years posing as long-haired drop-out climber Mark “Flash” Stone.

His offer to help the defence led to the collapse last year of the case against six protesters accused of planning to invade the coal-fired Ratcliffe-on-Soar power station in Nottinghamshire, led to the quashing of convictions of 20 more and prompted a review of police undercover tactics.

Mr Carroll, who now lives in Wales, received a community order to carry out 60 hours unpaid work for obstructing the railway.

He said: “There is the civil liberties issue and we are very glad this has been addressed.”

However, he said it was too early to say whether they would appeal. “We will sit down and talk about whether to go down that road”, he added.

Mr Starmer said he was inviting those convicted after the Drax protest to appeal after a review of the case by a senior CPS lawyer and after taking advice on the safety of the convictions from a senior QC.

“Having considered the conclusion of that review carefully, I have decided that the safety of the convictions should be considered by the Court of Appeal,” he said.

“That is because it appears to me that a senior CPS lawyer, who has since left the organisation, may not have complied fully with disclosure obligations in this case.”