[2025] EWHC 2684 (KB)

As for the alleged telephone conversation DS Brownsell was very clear in his evidence that he “absolutely did not say that it was going to trial as it was the CPS which was the decision maker”. When considering the conflict of fact I have taken into account all that DS Brownell is recorded as having said at the time. I note that when interviewing Dr Barker after a year of the investigation DS Brownsell stated at one point.

“…if this matter goes to trial, and I personally would like to see it, I personally wouldn't be sitting here wasting your time if I didn't think that was going to be the case…”

Having considered the evidence given by Mr Bull and DS Brownsell I am not satisfied that DS Brownsell made the unequivocal comment alleged. Mr Bull may have formed the view that DS Brownsell was of the view that it was likely to happen; but that is different to him having made the bold statement alleged.

As for the suggestion that he put pressure on for the Claimants to be dismissed DS Brownsell stated that he was a Detective Sergeant from a provincial force whereas Mr Bull was used to dealing with millions of pounds and questioned why he would want to see the Claimants sacked and that the suggestion was “wholly wrong and deeply silly”. He said that he would not remotely consider it and (and that if he did that it would be wrong). Again having heard Mr Bull and DS Brownsell I accept this evidence.