DLA Piper letter
DLA Piper letter
DS Brownsell was taken to a letter of 10th Aug 2007 from DLA Piper to Mr Tarrant enclosing an unsigned document produced by an unspecified author entitled “The Philosophy of treatment at Cawston Park and the extra care charge”. It was suggested that it was a “succinct and helpful” document which supported the general proposition that if a prosecution was commenced it would fail. DS Brownsell disagreed with the suggestion that the document was “a complete and full justification and explanation” and denied that the failure to accept its contents was “another example of a one eyed approach “to evidence (although such a document, produced after the Claimants had been interviewed and with unknown provenance would not be evidence).
- 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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