[2025] EWHC 2684 (KB)

Mr Pointer had been a police officer and left the force in 1981. As with Mr Miller he was a friend of Mr Breeze. He recalled a “heated conversation” with DC Baker after Mr Breeze had been arrested but before July 2007 and stated;

“During this conversation with DC Baker, I told him that Andrew's arrest was preposterous, ludicrous and that they were a bunch of buffoons who had got it all wrong. I couldn't understand why Andrew was even being investigated. I said to DC Baker “I bet he won't get charged”. DC Baker said “yes he will”. I was amazed at his intransigence and fortitude. This escalated into a heated conversation…at one point DC Baker was almost in tears.”

Mr Pointer also recalled a conversation with Chief Inspector Guy after the trial. Mr Pointer stated that CI Guy got quite animated and stated that Andrew Breeze “was on the fiddle”, “Guilty of fraud by overcharging” and “should still be serving time in prison.” Mr Pointer said that he was taken aback by these views and believe that CI Guy definitely thought that Mr Breeze was guilty. He also recalled other elements of the conversation about the trial process.

Mr Pointer was contacted by Mr Fernandes and asked if he wished to provide an account of his conversations with DC Baker. Mr Pointer stated that he would but never did.

DS Brownsell provided a written statement which set out that:

“I was having a cigarette with DC Baker outside we were approached and harassed by Steve Pointer who was very drunk. We had anticipated that this might happen, however at the time DC Baker was confident that it would not as Pointer had apparently been spoken to by senior club members. Mr Pointer was quite loud and kept demanding of me what did I think I was doing harassing an innocent man. He was told by me that we would not discuss anything with him; we were off duty and didn't want to talk about anything to do with work. Mr Pointer then started to get quite offensive…other members of the city club were present during this embarrassing exchange…Later Mr Pointer approached me DC Baker and apologise for his comments. We shook hands and he insisted that he bought us a drink.”

DC Baker also gave evidence that Mr Pointer had apologised for his conduct.

Again, whatever the exact details are of the exchange between Mr Pointer and DC Baker and DS Brownsell I cannot see how it can possibly advance the Claimants’ case as presented to me. I also view any personal view expressed post trial by CI Guy as of little relevance to the conduct of the enquiry.

I am satisfied that such conversation as there was with DC Baker started with Mr Pointer sharing, forcefully (indeed having heard him I believe in all likelihood very forcefully) his unsolicited views about the investigation of Mr Breeze. He had a wholly closed mindset of complete innocence. It is likely that alcohol fuelled his decision to criticise DC Baker and others calling them buffoons.

Taken at its highest the allegation is that DC Baker stated that it was his belief that Mr Breeze would be charged. Professionalism aside such a comment takes matters no further.