SIOs
SIOs
DC Baker denied being aware of “Powers that be who wanted a result”. He stated that he followed the lines of enquiry which he was told to follow.
DC Baker was taken to the report of Steve Fernandes and the annexed review of Operation Meridian by Detective Superintendent Henwood containing the outline of the role of the Senior Investigating Officer (“SIO”) as the lead investigator which included the statement that a key part of the role was “to develop an investigation strategy that feeds into and identifies main lines of enquiry for the investigation to follow”.
And
“The review team has seen evidence that the investigation followed a structured format although evidence of a documented audit trail for the SIO decision making and rationale to support any policy acted upon is sparse...SIOs should use the policy file to record critical policy decisions. It is the definitive record from which they will rely when subsequently asked to account for decisions at a later date for court or other proceedings.”
And
“The review team has discovered and highlighted on numerous occasions that the SIO for operation Meridian had failed to document policy decisions and associated rationales, this is against NPIA and force guidance and as such should be seen as bad practice. This lack of documented policy can lead to confusion and mission creep which in turn can detract an investigation team from its objectives. The review team note that there is no evidence to suggest that this is the case with operation Meridian.”
And
“The review highlights the fact that the SIO did not document his oversight of the investigation in any great depth; this does not mean that adequate leadership did not exist but it has made it very difficult to review or comment upon. The review team is of the view that although this inquiry had an SIO assigned to it in the shape of DI Cunningham; the reality is that the day-to-day running of the inquiry was passed to the designated investigating officer (DIO) DS Brownsell. DS Brownsell had general oversight of the inquiry on the majority of aspects but received support and guidance from DI Cunningham when he required or requested it.”
DC Baker said that he was not aware of the lack of a formal strategy (the point was not put to DS Brownsell). It was pointed out that none of the SIOs would be coming to account for their “practices” or involvement in the enquiry. In my judgment the report was accurate in that the day to day running was passed to DS Brownsell and he was the “key” member of the team.
- Heading
- Evidence 14 - 16
- Defendant’s witnesses 124 - 169
- Law 201 - 203
- Analysis 215 - 216
- Introduction
- Facts; an overview
- The Parties’ Cases
- PARTICULARS OF MALICIOUS PROSECUTION
- PARTICULARS OF MISFEASANCE IN PUBLIC OFFICE
- Evidence
- Defendant’s witnesses
- Mr Deveney’s disclosure and associated evidence
- Lisa Vescio and Paul Vincent
- Case Summary and MG6
- To summarise At this juncture in the inquiry it is evident that
- MG6
- The drugs investigation
- Claimants witnesses
- Mr Breeze
- Mr Wilson
- However he also explained that
- The following points are noteworthy
- Mr Ward
- Mr Chancellor
- He continued
- Anthony Bull
- Mr Drewery
- Charles Bott KC
- Margaretha Gaisford
- Mr Cooper
- There was then a diversion into small talk and it was later stated by DS Brownsell that
- City Club Evidence
- Victor Miller
- Mr Pointer
- The restraint proceedings and the evidence of Mrs Breeze and DC Wilcox
- Other witnesses
- David Prior
- David Graham
- Mr Graham continued
- Susan Smith
- Raymond Adcock
- Sandra Grunwald
- James Braithwaite
- Richard Innes
- Sir Norman Lamb
- Corinne Scicluna
- Dr John Olive
- Defendant’s witnesses
- Closed mind
- Conduct of officers
- Pressure to achieve a result
- Health Care Commission
- Mr Cooper
- Ms Gaisford
- Deveney’s computer
- 14 th November 2006
- Linda Todd
- Mr Prior
- Dr Barker
- Missing Rough Book
- Dr Badcock
- Charges levied
- Kelling Park
- PwC
- Questionnaire
- Mr Bull
- Mr Drewery
- Exclusion from court
- Mr Breeze’s interviews
- Weight attached to other evidence
- DLA Piper letter
- Mr Ward
- DS Brownsell’s mindset
- Pleaded case
- DC Baker
- SIOs
- Mr Cooper
- 14 th November, Ms Gaisford and arrests
- City Club
- Mr Bull
- Mr Chancellor
- Mr Ward
- DC Deacon
- DC Wilcox
- DC Flynn
- Willan and Woodhead
- Mr Bull
- Mr Ward
- Judith Cass
- Draft, unsigned statement of Mr Tarrant
- Other Statements/Interviews
- Dr Barker
- And
- Linda Todd
- And in respect of the meeting to agree terms
- Documentary Evidence
- The Hird Report
- The trial and the failure of the prosecution
- After Mr Brook gave evidence Counsel took stock. As they stated
- Post Prosecution
- IPCC
- Reasonable and probable cause
- Honest belief
- Objective analysis
- Malice
- Misfeasance in public office
- Conduct in the exercise of public power
- Acting dishonestly/in bad faith
- Limitation for misfeasance in Public office
- Analysis
- The investigation and prosecution; a critique
- Interviews
- Witness tampering
- The honest belief of officers
- Other pleaded issues
- PwC
- Healthcare Commission
- Was the case summary deliberately “slanted”
- Was there reasonable and probable cause?
- Malice
- The prosecutor?
- Conclusion
- and
- Sept – Oct ’03 Cawston Park site purchased
- 25 May ’05 Management buy-out of Chancellor Care Ltd
- 15 Aug ’05 Mr Cooper commenced employment at Cawston Park as Operations Manager
- Dec 2005 (per Particulars of Claim)
- 27 Jan ’06 Allegation made by Mr Deveney to NHS CFS
- 4 July ’06 Report prepared by DS Kirkham re Operation Genus addressed to Det Supt Julian Blazeby
- 1 Aug ’06 Meeting between NHS CFS and the Major Investigation team
- 19 Sept ’06 Unannounced inspection of Cawston Park by HCC
- 29 March ’07 Statement signed by Mr Brook
- 23 Aug ’10 Outcome of Operation Meridian Review communicated to Claimants
- Letter of Response
- Amended Reply to Defence
- Conclusions
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