Two ex hospital bosses sue police for £16m for ‘malicious’ fraud case

Two former hospital bosses falsely accused of plotting a £2.5m con towards the NHS are suing police for greater than £16m for being ‘maliciously’ prosecuted.

Andrew Breeze and Dominic Wilson have been chiefs at Cawston Park, a non-public psychiatric hospital close to Norwich, after they have been arrested in 2006 accused of massively overcharged for providers.

Mr Breeze, the hospital’s former director, and Mr Wilson – the location’s finance boss – endured a hellish prison investigation and trial over the claims.

But the fraud fees towards each males have been sensationally thrown out seven weeks into the trial at Ipswich Crown Court in July 2009 when the CPS determined it could provide no additional proof.

Clearing the pair of any wrongdoing, Judge Andrew Bate advised them: ‘You depart vindicated together with your good title intact and your heads held excessive.’ 

However, regardless of Judge Bate’s endorsement, their privately-run hospital tanked within the wake of the prison trial, with Mr Breeze later saying he confronted years of hell over the false allegations which ruined his repute. 

Now, 17 years after their arrest, Mr Breeze and Mr Wilson have launched a £16m compensation declare towards Norfolk Constabulary, alleging malicious prosecution and misfeasance in public workplace, resulting in their funds being ruined.

Mr Breeze, 68, and Mr Wilson, 50, say their firm, Cawston Park Holdings, suffered massively as a result of affect of the investigation, ultimately ‘dissolving’ in February 2011.

Both males are suing for the lack of their monetary stakes within the wrecked firm.

But legal professionals for the chief constable of Norfolk Constabulary, Paul Sanford, are defending the damages declare, insisting there have been affordable grounds for pursuing the investigation, and saying the choice to deliver fees was made by the CPS.

Mr Breeze and Mr Wilson have been arrested after daybreak raids at their houses in November 2006 throughout a police probe into alleged over-charging on the care residence, dubbed Operation Meridian.

The pair have been accused of conspiracy to defraud by allegedly over-charging in relation to acute sufferers needing further ranges of care.

But each males have been discovered not responsible.

Five years later, the then solicitor basic, Edward Garnier, apologised on behalf of the CPS, declaring: ‘It has develop into clear that no matter whether or not it was correct to research the affairs of Cawston Park within the first place, the prosecution ought to by no means have gotten so far as it did.’

After that concession, Mr Breeze mentioned in interviews he felt he had been put by ‘5 years of hell’ – with the police probe and aborted trial having destroyed his funds.

Lawyers for each males now say detectives pursued the investigation in an oppressive fashion, with the duo’s barrister claiming that ‘officers approached the investigation with a mindset of guilt’.

Anthony Metzer KC highlighted a police interview with one witness, by which a detective allegedly declared: ‘I do not know the place this investigation goes, the issue we now have is that the powers that be need a end result on this one’.

On high of that, in written arguments, he claimed officers mishandled the investigation as they allegedly ‘did not interview witnesses that they knew or believed could be more likely to undermine the prosecution and/or help the claimants’ defence’.

‘The (chief constable) by his officers knew that there was no proof, or no adequate proof that the claimants had dedicated the offences with which they have been charged, however proceeded nonetheless to instigate the prosecution towards them,’ the barrister added.

Detectives ‘approached the investigation with a mindset of guilt,’ alleged Mr Metzer, including: ‘the defendant’s officers systematically ignored and discarded proof which pointed in direction of the primary claimant and the second claimant’s innocence’.

However, on high of constructing clear the choice to prosecute lay with the CPS, defence legal professionals insist there was ‘affordable and possible trigger for the prosecution’.

The case towards Mr Breeze and Mr Wilson was ‘instigated and maintained with out malice or abuse of energy on the a part of the defendant’s officers’, it’s claimed.

Norfolk Police detectives did their greatest to sift the proof impartially earlier than presenting it to the CPS for a call on whether or not fees must be introduced.

Evidence which was beneficial to the 2 males was ‘pretty positioned earlier than the CPS so that it’d resolve whether or not or not the claimants must be charged with any prison offence’, defence legal professionals keep in courtroom paperwork.

The malicious prosecution declare was ‘misconceived’ and officers held an ‘trustworthy perception that there was adequate proof to put earlier than a courtroom in help of the cost towards the claimants’.

The case was initially fastened to start out later this month on the High Court, however after a short listening to between the legal professionals final week Mr Justice Soole determined to place it off till subsequent 12 months for extra proof to be collected.

Describing his case outdoors courtroom, Mr Breeze mentioned: ‘My complete life was fully turned the wrong way up and I used to be thrown right into a psychological state of full helplessness the place there seemed to be no finish.

‘The police successfully ended my profession, taking away decisions I might have had, had this not occurred. Mental well being is a really small world and it appeared that the entire of psychological well being knew about this case.

‘My skilled and private profession have been ruined, with my integrity in query.

‘Being accused of dishonesty was notably acute for me as somebody who had been introduced up in a strict Christian residence, being the son of missionary dad and mom to India and having spent my childhood in India in a Christian boarding college.

‘The impact this case had on my aged dad and mom was devastating.

‘Even now, a number of years later, I typically wake considering I’m as soon as once more being arrested and the emotions of panic return.’

A Norfolk Constabulary spokeswoman mentioned: ‘We can affirm authorized proceedings are ongoing and are being defended. As a end result, we is not going to remark additional.’