Hodge Jones & Allen Solicitors Welcomes Referral Of 40 Year Old Unsafe Conviction To Miscarriage Of Justice Panel By Undercover Policing Inquiry

Hodge Jones & Allen welcome the referral of client and animal rights’ campaigner Chris Baillie to the Crown Court for an appeal against his criminal conviction, almost 40 years’ old.

In November 1985 Chris Baillie was convicted of criminal damage to a window of a butchers’ shop in Roehampton, part of a campaign by animal rights activists in the area against the killing of local deer.

On 14 February 2019, Hodge Jones & Allen referred his case to the Crown Prosecution Service (CPS) as a potential miscarriage, based on the hitherto undisclosed role of an undercover police officer in the action and case. They declined to intervene.

That same month, Chris Baillie offered to provide evidence to the Undercover Policing Inquiry. His offer was not at first accepted. However, in August 2023 the Inquiry eventually invited him to give evidence, a statement and then oral evidence. He gave that evidence on 6 November 2024

From 2-11 December 2024, key undercover police officer, Robert Lambert (aka ‘Bob Robinson’) gave evidence to the inquiry.

As an undercover officer working for the SDS, Lambert infiltrated activist groups and deceived individuals, including Chris Baillie, into believing he was a fellow animal rights campaigner. On 26 September 1985, Lambert drove Chris Baillie and another individual to a butcher’s shop in Roehampton, where a window was smashed. Chris Baillie was arrested shortly after the incident and was the only individual charged.

Chris Baillie has denied throughout that he broke the window and alleged that another activist, also duped by Lambert, was responsible. He alleged that Lambert played a key role in the case.

Nevertheless in November 1985, Chris Baillie was convicted at South Western Magistrates Court of causing criminal damage. He was fined £100 and ordered to pay £225 in compensation and £75 in costs.

At no point during his trial was the Court made aware of Robert Lambert’s deployment as an undercover police officer or his role in events which led to the window being damaged.

It was only in October 2011, through the investigations of activists, that Robert Lambert was exposed as an undercover police officer.

On 4 December 2024, Robert Lambert provided evidence to the Inquiry. Two days later, on 6 December 2024, Sir John Mitting, Chair of the UCPI, referred Chris Baillie’s conviction to the Miscarriage of Justice Panel, set up under the Inquiry’s terms of reference. In his referral, Sir John stated unequivocally that “his conviction must be overturned.”

The panel has not, it seems, yet reported or exercised its power to refer Chris Baillie’s conviction to the Criminal Cases Review Commission. So Chris Baillie has started an appeal himself, through his lawyers, Hodge Jones & Allen.

His appeal is to be considered by Kingston Crown Court, at a ‘directions’ hearing on 27 January 2025.

Mike Schwarz, the partner at Hodge Jones & Allen handling Chris Baillie’s appeal, has successfully brought over 50 similar convictions to the higher courts, for appeal. In Chris Baillie’s case he instructs James Wood KC and Owen Greenhall.

Chris Baillie comments:
“I feel let down by the system that it has taken this long for my conviction to be reconsidered by the Court. Why has it has taken the Court so long when Robert Lambert’s role as undercover police officer has been known since 2011? Robert Lambert and the SDS failed to do their job. It feels like he hoped to get a promotion out of falsifying my conviction.”

Mike Schwarz comments:
“This referral marks a further key stage in uncovering and addressing the systemic misuse of undercover policing powers and their grave consequences for individuals like Chris Baillie, who have lived under the shadow of a wrongful conviction for nearly 40 years. Again, it has been brought to light and corrected principally through the hard work of activists, in spite of, rather than because of attitude and actions of the authorities to correct miscarriages of justice.”

Hodge Jones & Allen continues to support the pursuit of truth and justice for those affected by miscarriages of justice stemming from the actions of the SDS. We remain committed to ensuring accountability and redress for those whose lives have been irreparably impacted by these practices.

More information about the Undercover Policing Inquiry can be found here, and access to the livestreamed hearings here.

If you believe you or anybody you know has been affected by undercover policing and wish to share your experience, please reach out to our team promptly. You can get in touch via email or request a callback at your convenience.

For assistance with legal representation in the inquiry or overturning convictions please contact Partner, Mike Schwarz or Jessica Davis on 0330 822 3451.