[2025] EWHC 2684 (KB)

Mr. Miller was a longtime member of the city club in Norwich and as at 2007 had known Mr Breeze, as a well respected fellow member for a number of years. After Mr Breeze was arrested Mr. Miller stated that;

“…there was much discussion within the City Club regarding Andrew's arrest and the police investigation. The unanimous view within my group of friends at the City Club (save for police officers) was that the accusations against Andrew were nonsense. Along with myself, many members wanted to support Andrew and I certainly did not believe the accusations that had been made.”

Mr Miller also said that it was common knowledge that DC Baker, another member of the club was part of the investigation. He stated that following a meal he had a conversation with DC Baker who had said that it was a pity that Andrew had been arrested as he understood that he was a nice friendly person. Also that DC Baker made it very clear that Andrew would be taken to court and found guilty and that the only matter in doubt was what sentence he would receive, (and that he did not expect him to serve more than two years in prison).

Mr. Miller also expressed annoyance that DC Baker had invited other police officers to the City Club when it was obvious that their presence would cause Andrew upset, even if he was not present. He was also annoyed by the lack of professionalism of DS Brownsell who attended and got “extremely drunk”.

Mr Miller was seen by Mr Fernandes as part of an investigation by the Professional Standards Department. Within that report Mr Fernandes recorded that:

“Mr. Miller told me that in his opinion DC Baker never acted inappropriately in any conversation he had with him concerning the Cawston Park Enquiry. He felt that it was inevitable the case would be mentioned within the confines of the City Club but clarified that DC Baker never spoke about the inquiry in respect of the mechanics of the investigation and any comment that was made was in very general terms.”

And

“Mr. Miller stated that he had no reason to consider making a complaint against DC Baker with regard to any conversation that he had with him around the Cawston Park Inquiry and felt that any conversation they had related to Sean speaking through his perceived professional embarrassment because of his connection and membership of the City Club.”

And

“(Mr Miller) recalled that DC Baker and he had a conversation about the case against Breeze and Wilson during which Sean Baker made the comment “I like old Breezy, I hope he don't get done. Mr Miller said he asked DC Baker if Mr Breeze was to be convicted as to what sort of sentence he would attract. DC Baker replied get a couple or three years at the most.”

In his oral evidence Mr Miller said that Mr Fernandes came to his house and they had a “little chat” and he did not know it was an interview and/or that it would be recorded.

DC Baker provided a written response to the IPCC complaint stating that just before the trial Mr. Miller had approached him at lunch and although he made it clear then he realised he could not talk about the case asked why it was scheduled for a 12 week trial. DC Baker said that he did not make the comments outlined in the allegations.

Whatever the exact content of the conversation was, and putting to one side issues of professionalism, there was and is no allegation that DC Baker said anything other than he liked Mr Breeze but thought that he would be convicted. It is very difficult to see how this advances the Claimants’ case that DC Baker held no true belief in the guilt of Mr Breeze.

Also, even if DS Brownsell did drink too much whilst a guest at the club it is difficult to see how that advances the Claimants’ case either. This case is not concerned with issues of professionalism; rather the two causes of action.