Attempt to sue chief constable for £30m fails

The former hospital directors took legal action after they were cleared of conspiracy to defraud the NHS

Two former directors of a psychiatric unit have lost their High Court bid to sue a chief constable for £30m.

Andrew Breeze and Dominic Wilson, who ran Cawston Park Hospital near Aylsham, Norfolk, began their litigation after a conspiracy to defraud prosecution against them was thrown out by a judge in June 2009.

The former general manager and finance director were cleared of allegations they had defrauded the NHS of £2m between 2004 and 2006, by overcharging for extra care.

Mr Breeze, now 70, and Mr Wilson, 52, sued on the basis Norfolk police officers acted out of malice, without genuinely believing they were guilty, accusing them of a malicious prosecution and misfeasance in public office.

Andrew Breeze and Dominic Wilson were the general manager and finance director of Cawston Park Hospital, pictured in 2007

Their High Court civil litigation accused officers of deliberately hiding or manipulating evidence, preventing the Crown Prosecution Service (CPS) from seeing the full picture when making its decision to charge them.

But in his judgement, Mr Justice Cotter concluded: "No officer falsely and maliciously provided 'slanted' information either by furnishing information which he knew to be false, or by suppressing or withholding information which he knew to be true."

He added: "Put simply there was no deliberate manipulation of the evidence."

Mr Cotter's judgement said it was also "noteworthy" a specialist fraud prosecutor and two counsel believed there was a case against the claimants that warranted prosecution.

The judge added "contrary to the claimants' central argument, the officers did actually believe in the claimants' guilt".

He said the case of malicious prosecution failed and he also rejected the accusation of misfeasance in public office.

Norfolk's Chief Constable, Paul Sanford, welcomed the High Court ruling

In a statement, Norfolk's Chief Constable, Paul Sanford, said: "This case involved some of the most serious allegations that can be made against police officers—claims of acting in bad faith, with malice and dishonesty in order to secure charges without an honest belief in guilt.

"The outcome reflects the commitment of those involved in Operation Meridian, including the constabulary's witnesses, in carrying out their duties fairly and responsibly, in service of justice and public trust."

Cawston Park Hospital shut in May 2021 after health watchdog the Care Quality Commission found it had consistently failed to meet standards since 2019.

The owners and directors in 2021 were not in post when Mr Breeze and Mr Wilson brought their case.