[2025] EWHC 2684 (KB)

Mr Metzer asked if Mr Brownsell still believed in the guilt of the Claimants. Mr Brownsell chose his words in response very carefully. He said that they had been found not guilty and he “concurred with the system”. He was pressed on his answer, including whether he was “Quite sore about it (the failure of the prosecution). Eventually Mr Brownsell stated that he still had “sceptical view” of what had occurred at Cawston Park. I had the benefit of listening to and observing Mr Brownsell and I am satisfied that he was downplaying his current belief given what has transpired. I have little doubt that he still believes that there was some element of dishonesty in what the Claimants did in respect of charging for extra care. I was surprised by the questioning given that the Claimants’ case is that officers did not honestly believe that there had been dishonesty.

Having carefully considered all relevant evidence put before me I am not just sure on balance I am sure beyond reasonable doubt that at no stage before or after the submission of the report to Mr Tarrant did Mr Brownsell form a view that the Claimants were innocent or that the evidence obtained would not be sufficient to prove their guilt. His evidence was in my judgment compelling in this regard. It is noteworthy in my judgment there is not even the slightest suggestion that supports the proposition he believed that they were innocent of wrongdoing within any entry in one of his numerous rough books or notebooks. Further, the evidence concerning conversations before, during and after interviews (i.e. comments which were not recorded) and, in so far as it was relevant evidence of conversations with people at the City Club, all points in the direction of him believing before, during and after the investigation and trial that the Claimants were guilty of fraud. Indeed I think that any other finding would be perverse.