[2025] EWHC 2684 (KB)

DS Brownsell stated;

“On the 28th March, DC Baker interviewed Martin Ward. I have no entries in rough book serial number 010482 in relation to that interview, in which my last entry before almost 20 blank pages refer to the 16th of March 2008. My next rough book entry appears in rough book serial number 011321 on the 2nd April 2008. I cannot now recall whether I made any entries in relation to DC Baker’s interview with Martin Ward. If I did, then I would have done so in a separate rough book which has been misplaced and is no longer available. Is equally possible that I did not make any entries in relation to that interview as we had entered the post charge phase when the CPS effectively took ownership of the prosecution through to trial. When I was questioned about the missing rough book as part of the IPCC investigation of Mr Breeze’s complaint, there was a general assumption that a book existed and I answered the questions accordingly. But I'm not sure that the assumption was correct. I note that on the 28^th March 2008 DC Baker made a number of entries in his rough book in relation to the interview with Martin Ward.”

In my judgement the “missing rough book” allegation took the Claimants’ case no further. Given that, as stated, the interview was after the Claimants had been charged and was conducted by DC Baker it is difficult to see how it would have been in DS Brownsell’s interests to dispose of or suppress this particular book; given the disclosure of all the other books.