[2025] EWHC 2684 (KB)

DS Brownsell stated;

“…when criticism of the investigation was received from DLA Piper in early February 2008 and Chris Tarrant forwarded that criticism to me for a response, I considered again Mr Drewery’s questionnaire. I noted that Mr Drewery said that he lived in a caravan on the site and was a support worker. He may have overstated his role. As we were conducting an investigation to seek an explanation of extra care, I noted that Mr Drewery said that he had never heard the term extra care. There was, in my assessment, no evidential value in terms of the investigation. Extra Care was the focus and Mr Drewery could not comment.”

DS Brownsell stated that he did not recall ever seeing a statement from Mr Drewery. Mr Warnock took him to letters of 4^th February (Mr Tarrant to DLA Piper) within which he asked whether the extracts set out in the letter of 1^st February were from witness statements and the letter of 5^th February in response stating that “ it is not appropriate for us to disclose what we have received , from whom and when...as you would expect we continue to identify those people who may be able to provide support to the defence…”

Given that Mr Drewery was a support worker dealing with activities and that his manager (and wife) had given a statement and that he never heard of the term extra care, I accept DS Brownsell’s response was, objectively, a reasonable one. In any event it was his honest view and there was no attempt to deliberately suppress evidence which may assist the Claimants’ case (of course it was the Claimants’ solicitors who pointed to his evidence and they would have the opportunity to call him as a witness if he could assist). As I have already set out DS Brownsell sent Mr Drewery’s questionnaire to Mr Tarrant.