29 March ’07 Statement signed by Mr Brook
29 March ’07 Statement signed by Mr Brook.
14 April ’07 Statement signed by Mr Prior.
19 April ’07 Statement signed by Mr Gaisford.
20 April ’07 Statements signed by Mr Deveney and Ms Vescio. (24 April ’07). Statement signed by Mr Chancellor.
24 May ’07 C1 answers bail and further interviewed.
3 June 07 DI Cunnigham retired and passed on the role of SIO to Det Supt Hobley.
July ’07 Report of Mr Hird (commissioned by the board of Chancellor Care Ltd).
July ’07 C2 answers bail and further interviewed.
12 July ’07 C1 answers bail and further interview (Third interview)
28 July ’07 1st report completed by Dr Richard Badcock.
10 Aug ’07 Letter from DLA Piper to Mr Tarrant enclosing a (unsigned) document entitled “The Philosophy of treatment at Cawston Park and the extra care charge”.
27 Aug ’07 Statement taken from Mr Ward by DLA Piper.
31 Aug ’07 Letter from DLA Piper to Mr Tarrant enclosing statement of Martin Ward.
Sept ’07 Advice file submitted to CPS by investigation team.
25 Sept ’07 Claimants dismissed from roles in company by LDC.
Oct ’07 Case summary and relevant evidential material submitted to the CPS by the investigation team.
Nov ’07 Civil proceedings for breach of warranty commenced by LDC against the Claimants, Mr Chancellor and Dr Simon Barker.
20 Nov ’07 Case conference with Mr Tarrant.
29 Nov ’07 Statement signed by Mr Chancellor.
30 Nov ’07 Statement signed by Mr Hird attaching report on extra care dated July ’07.
10 Dec ’07 Letter from Mr Tarrant to HMRC confirming that C1 was not in a position to pay his tax liability due to the restraint order.
Dec 07 DC Baker allegedly makes a comment to Mr Chancellor that the Claimants will be charged.
25 Jan ’08 Additional evidence submitted to CPS by the investigation team Including the statements of Mr Hird statement, Mr Benka (PwC), Linda Todd (fourth statement), the unsigned statement of Dr Barker and the latest (second) report from Dr Badcock.
01 Feb ’08 Letter from DLA Piper to Mr Tarrant making reference to information they had received from Mr Graham, Ms Smith, Mr Arneil, Mr Ward and Mr Drewery.
4 Feb ’08 Response from DS Brownsell to Mr Tarrant addressing issues raised by DLA Piper.
Charging advice
8 Feb ’08 Charging advice completed by Mr Tarrant.
12 Feb ’08 Letter from Mr Tarrant to DS Brownsell confirming charging decision.
13 Feb ’08 Final report completed by Dr Richard Badcock.
Charges
18 Feb ’08 Claimants charged with conspiracy to defraud.
26 Feb ’08 Statement signed by Dr Simon Barker.
7 March ’08 DC Wilcox informs NMC and CIPFA of charges against C1/C2.
12 March ’08 First appearance at Norwich Magistrates’ Court.
26 March ’08 Preliminary hearing at Norwich Crown Court.
28 March ’08 Interview of Mr Ward. Alleged DC Baker and DC Deacon attended at the City Club
2 April ’08 Case conference with trial Counsel.
17 June ’08 Plea and case management hearing at Norwich Crown Court.
3 Dec ’08 Further information relating to Mr Deveney brought to attention of CPS by investigation team.
22 Dec ’08 Statement signed by Mr Ward.
25 March ’09 Case conference with both trial counsel.
Trial
20 April ’09 Commencement of trial.
22 Apr 09 Mr Chancellor; clarifying statement
14 Jun 09 Counsel’s advice.
16 June ’09 Crown offers no further evidence and jury directed to acquit the Claimants.
16 June 09 C1 writes letter of complaint to Chief Constable
17 June ‘09 Press releases issued by Det Supt Hobley and DCC Ian Learmonth;
Police were “very disappointed with the outcome” and “the prosecution was properly brought”
24th June ’09 Article in EDP; Assistant Chief Constable Lermonth stated:
“We were satisfied that the evidence uncovered by our inquiries met the strict criteria for prosecution and I am satisfied to pursue a prosecution was the right thing to do.”
8th July 2009 The Claimants complained to the Independent Police Complaints Commission. Chief Inspector Henwood was appointed to lead the investigation.
20 Jul 09 Statement detailing 57 concerns taken from C1; 13 recorded as complaints.
16 Sept 09 Review of Operation Meridian by Detective Superintendent Henwood.
6 Nov’ 09 Meeting; DS Jack Frost and S Fernandes and with Mr Chancellor
May ’10 Conclusion of CPS review of the decision to prosecute. Elizabeth Bailey, Divisional Head of the CPS Central Fraud Group North completed an internal review of the prosecution of the Claimants. She concluded that there was insufficient evidence to provide a realistic prospect of conviction at the point of charge; alternatively that, if kept under proper review, the case ought to have been withdrawn prior to trial. Ms Bailey’s report made no adverse comment about the police or their conduct of the investigation.
- Heading
- Evidence 14 - 16
- Defendant’s witnesses 124 - 169
- Law 201 - 203
- Analysis 215 - 216
- Introduction
- Facts; an overview
- The Parties’ Cases
- PARTICULARS OF MALICIOUS PROSECUTION
- PARTICULARS OF MISFEASANCE IN PUBLIC OFFICE
- Evidence
- Defendant’s witnesses
- Mr Deveney’s disclosure and associated evidence
- Lisa Vescio and Paul Vincent
- Case Summary and MG6
- To summarise At this juncture in the inquiry it is evident that
- MG6
- The drugs investigation
- Claimants witnesses
- Mr Breeze
- Mr Wilson
- However he also explained that
- The following points are noteworthy
- Mr Ward
- Mr Chancellor
- He continued
- Anthony Bull
- Mr Drewery
- Charles Bott KC
- Margaretha Gaisford
- Mr Cooper
- There was then a diversion into small talk and it was later stated by DS Brownsell that
- City Club Evidence
- Victor Miller
- Mr Pointer
- The restraint proceedings and the evidence of Mrs Breeze and DC Wilcox
- Other witnesses
- David Prior
- David Graham
- Mr Graham continued
- Susan Smith
- Raymond Adcock
- Sandra Grunwald
- James Braithwaite
- Richard Innes
- Sir Norman Lamb
- Corinne Scicluna
- Dr John Olive
- Defendant’s witnesses
- Closed mind
- Conduct of officers
- Pressure to achieve a result
- Health Care Commission
- Mr Cooper
- Ms Gaisford
- Deveney’s computer
- 14 th November 2006
- Linda Todd
- Mr Prior
- Dr Barker
- Missing Rough Book
- Dr Badcock
- Charges levied
- Kelling Park
- PwC
- Questionnaire
- Mr Bull
- Mr Drewery
- Exclusion from court
- Mr Breeze’s interviews
- Weight attached to other evidence
- DLA Piper letter
- Mr Ward
- DS Brownsell’s mindset
- Pleaded case
- DC Baker
- SIOs
- Mr Cooper
- 14 th November, Ms Gaisford and arrests
- City Club
- Mr Bull
- Mr Chancellor
- Mr Ward
- DC Deacon
- DC Wilcox
- DC Flynn
- Willan and Woodhead
- Mr Bull
- Mr Ward
- Judith Cass
- Draft, unsigned statement of Mr Tarrant
- Other Statements/Interviews
- Dr Barker
- And
- Linda Todd
- And in respect of the meeting to agree terms
- Documentary Evidence
- The Hird Report
- The trial and the failure of the prosecution
- After Mr Brook gave evidence Counsel took stock. As they stated
- Post Prosecution
- IPCC
- Reasonable and probable cause
- Honest belief
- Objective analysis
- Malice
- Misfeasance in public office
- Conduct in the exercise of public power
- Acting dishonestly/in bad faith
- Limitation for misfeasance in Public office
- Analysis
- The investigation and prosecution; a critique
- Interviews
- Witness tampering
- The honest belief of officers
- Other pleaded issues
- PwC
- Healthcare Commission
- Was the case summary deliberately “slanted”
- Was there reasonable and probable cause?
- Malice
- The prosecutor?
- Conclusion
- and
- Sept – Oct ’03 Cawston Park site purchased
- 25 May ’05 Management buy-out of Chancellor Care Ltd
- 15 Aug ’05 Mr Cooper commenced employment at Cawston Park as Operations Manager
- Dec 2005 (per Particulars of Claim)
- 27 Jan ’06 Allegation made by Mr Deveney to NHS CFS
- 4 July ’06 Report prepared by DS Kirkham re Operation Genus addressed to Det Supt Julian Blazeby
- 1 Aug ’06 Meeting between NHS CFS and the Major Investigation team
- 19 Sept ’06 Unannounced inspection of Cawston Park by HCC
- 29 March ’07 Statement signed by Mr Brook
- 23 Aug ’10 Outcome of Operation Meridian Review communicated to Claimants
- Letter of Response
- Amended Reply to Defence
- Conclusions
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