[2025] EWHC 2684 (KB)

Mr Brownsell also took particular objection to the suggestion that he was under pressure to achieve a successful prosecution responding “No, no I will not have that. There was no pressure to prosecute or get a result. Not at all.”

That the officers acted maliciously and in bad faith due to pressure from senior officers has been a view held by Mr Breeze from the early days of the long history of this matter. In the interview of 12^th July 2007 Mr Breeze referred to an officer discussing the case at the City Cub and being in tears over it (this must have been a reference to DC Baker) and that Mr Breeze believed that was because his heart was telling him that he was innocent but his head was saying that the powers that be want a result. I pause to observe that the evidence about the City Club did not bear this out. Mr Breeze then referred to:

“A police force being driven by the Health Service that have spent a huge amount of resource on an investigation and they want a result, that result being us being charged.”

When asked by DS Brownsell during interview who the powers that be were Mr Breeze said “the Police and the Health Service”.

At this stage DI Cunningham had retired and the Officer in charge of the investigation was Detective Superintendent Hobley and Mr Breeze was of the view that he was “obviously the powers that be”.

DS Brownsell agreed that these extracts reflected Mr Breeze’s long held perception.

Asked if DS Hobley was alive and well DS Brownsell said that he had seen him about seven years ago. DC Baker stated that he knew that he had a heart attack. In closing submissions on behalf of the Claimant it was argued that an adverse inference should be drawn from the fact that the Defendant did not produce witness statements from DI Cunningham or DI Hobley. However in my judgment no inference can be drawn given that as Mr Warnock submitted the Defendants have produced as witnesses the officers who were directly criticised in the Claimants’ pleadings, including the officers centrally involved in the investigation and liaison with the CPS.