[2025] EWHC 2684 (KB)

At the conclusion of the cross-examination Mr Metzer put the pleaded particulars of malicious prosecution to DS Brownsell seriatim. Unsurprisingly DS Brownsell simply answered in the negative to each one (save that he agreed that Mr Deveny’s computer was not seized) and stated that he believed that the Claimants had a case to answer.

In re-examination DS Brownsell explained that he submitted his summary and MG6 and wanted the CPS to take a decision. If the decision had been that there would be no charges “we would have moved onto the next case”. I am not satisfied that it would have been so readily accepted without demur given DS Brownsell’s belief that there had been dishonesty and the time and effort that he had spent on the investigation before submitting the documentation to Mr Tarrant. However I do not accept that this would have been seen by the rest of the team as a huge blow.