HN81 'Dave Hagan' is considered one of the most significant Special Demonstration Squad undercovers due to his targeting of family justice campaigns through the Movement for Justice (MfJ) in the late 1990s.
His evidence was highly anticipated in Tranche 3 Phase 1, and there was considerable shock when it was announced he was not being called due to ill health. As a result, a hearing on the issue was held on 3 November 2025, but the decision was not reversed.
Through Movement for Justice, HN81 was able to report on family justice campaigns which MfJ supported, notably those around Stephen Lawrence and Ricky Reel. In 2014, the Stephen Lawrence Independent Review revealed that this was taking place at the time of the Macpherson Inquiry into Stephen Lawrence's murder.
This, along with HN43 Peter Francis 'Pete Black's claims that he had been targeted to find material to smear the Lawrence family, were key moments helping to trigger the Undercover Policing Inquiry itself. A significant issue is the meeting HN81 held with members of the Metropolitan Police's Lawrence Review Team during the Stephen Lawrence Inquiry.
Mitting set out the course of events in his first ruling. The former undercover was first diagnosed as suffering post-traumatic stress disorder, which had been diagnosed in 2001. This was reconfirmed in 2017. However, HN81 was able to engage enough to answer Rule 9 questions from the Inquiry and make a witness statement, which was signed on 15 May 2023.
According to Mitting, he anticipated hearing from HN81, and the Inquiry had explored with HN81's representatives what steps could be taken to make it possible.
This changed on 14 July 2014 when HN81's lawyers (the Designated Lawyers ) applied for the officer to be excused from giving live evidence, and according to Mitting, he received the unequivocal response that no such step could safely be taken included, in the opinion of the medical consultant Dr Tehrani's, there was a 80-90% chance HN81 would not be able to meaningfully give live evidence and if he were made to there would be a significant impact on his health and well-being.
As such, Mitting decided not to call HN81 to give oral testimony and to treat his evidence as that contained in his statement. This was revealed in a weekly meeting between the Inquiry Legal Team and Non-State Core Participants' Recognised Legal Representatives in August 2025, who asked to see a formal decision. This was communicated four weeks later on 24 September 2025, a month before Tranche 2 Phase 2 evidence would start, while core participants were preparing oral opening statements.
This led to anger and outrage by those who had been spied on by Hagan, particularly the families of Stephen Lawrence and Ricky Reel, and associated campaigners. On 16 November 2025, Imran Khan, acting for Doreen Lawrence and Suresh Grover, made submissions challenging this decision on various grounds. This was followed a week later by other core participants. They called for a hearing on the issue.
Mitting granted this, and a hearing was held on 3 November 2025. It was not broadcast.
At the hearing, the NSCPs noted the unique significance of HN81 as a witness and that his evidence needed to be properly tested before the Chair could come to any conclusions on the significant issues raised by the officer's deployment. They also noted that it was part of open justice that he was called, and that the legal system was well accustomed to dealing with such situations in general, able to make the necessary accommodations. They also argued that Mitting had not sufficiently taken into account the countervailing needs of those spied on by HN81. For instance, HN43 Peter Francis 'Pete Black' noted that HN81 had called him a liar and that this needed to be examined. Submissions from Leigh Day on behalf of HN43 Peter Francis relating to HN81
It was also noted that there is a significant pattern of former SDS undercovers relying on mental health issues arising from their deployments to argue against giving evidence. Accordingly, the UCPI should conduct their own medical assessment of HN81.
Mitting handed down a ruling on 4 November 2025, rejecting the submissions to call HN81 as he was not going to put HN81's mental health and well-being at risk by reopening the possibility he would be required to give evidence. He expressed interest in the suggestion that questions that arose during the evidence of others could be put to HN81 in writing.
| Counsel | Core participants | Firm |
|---|---|---|
| Imran Khan KC | Baroness Doreen Lawrence, Suresh Grover and The Monitoring Group | IKP |
| Ifeany Odogwu | Neville Lawrence, OBE | HJA |
| Jane Deighton | Duwayne Brooks OBE | DPJ |
| Lily Lewis | Sukhdev and Tish Reel, Karen Doyle (MfJ) and MWS (Menson family) | HJA |
| Kirsten Heaven | Non-State Core Participants Co-ordinating Group | |
| Laura Profumo | HN43 Peter Francis | |
| Oliver Sanders KC | HN81 'Dave Hagen' | DL |