PORTSMOUTH COUNTY COURT
Strand, London, WC2A 2LL
B e f o r e :
|- and -
|CHIEF CONSTABLE OF HAMPSHIRE
||Part 20 Defendant
Geoffrey Weddell (instructed by Roger Trencher, Force Solicitor, Hampshire
Constabulary) for the Defendant
James Burton (instructed by Russell Jones & Walker) for the Part 20 Defendant
Hearing dates: 1, 2,3,4,7 November 2005
Crown Copyright ©
Mr Justice Tugendhat :
THE COURSE OF THESE PROCEEDINGS
THE STATEMENTS IN THE RAPE INVESTIGATION
"The following morning I woke up when the alarm clock went off. I said to ND 'Are you going to give me a cuddle?' He said 'As long as that's all you want'. I started kissing him and he became aroused and I performed oral sex on him after which he became angry with me and said 'It's time for you to go. I've got football' and I went home. Following that event ND did not go into the shop again for three weeks and he ignored all my phone calls. That was something I found painful as I knew that I had been in love with him from the moment I saw him".
THE DISCIPLINARY INQUIRY
"Offence of which member is accused
Discreditable Conduct contrary to Regulation 5 paragraph 1 of Schedule 1 of the Police (discipline Regulations) 1985
Particulars of the alleged offence…….
That you, between the 25th February and 22nd July 1998 acted in a manner reasonably likely to bring discredit on the reputation of the Force in that as the officer in charge of an investigation into an allegation of rape made by [the daughter], you made excessive contact with her mother [the Claimant], and obtained five detailed statements from her which contained sexually explicit evidence which was unnecessary and irrelevant to the investigation causing her distress".
"I think initially I had anticipated just a straightforward the disclosure by [the daughter] to her, but she quite without solicitation from me, we went back to the very start when she met [ND] when she lived in Jersey right the way up to [ND] leaving the country I think. During this she became distressed, distraught which is why it was taking in four weeks and some days apart. At the completion because my writing's not very good I had it typed and took it back for her to read and again she became distressed, distraught and I think that was sort of mid Marchish I think."
"I thought … if we are going to have this man in Crown Court we want to show just what a nasty so and so, a nasty piece of work, he is, so she's happy to talk, we'll take the lot to show his violent nature".
THE EVIDENCE AT THIS TRIAL
"Battery involves a touching of the person with what is sometimes called hostile intent (as opposed to a friendly pat on the back) but which Robert Goff LJ in Collins v Wilcock  1 WLR 1172, 1177 redefined as meaning any intentional physical contact which was not "generally acceptable in the ordinary conduct of daily life": see also Wilson v Pringle  QB 237."
An unwanted kiss may be a battery: R v Chief Constable of Devon and Cornwall ex p CEGB  QB 458, 471. There is no requirement that a battery be indecent, as there is in the crime of indecent assault, although, of course, there may be indecency in fact. Indecent assault is an offence which, for a time, was under consideration in relation to Mr Hull.
"1(1) A person must not pursue a course of conduct—
(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other.
(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows--
(a) that it was pursued for the purpose of preventing or detecting crime,
(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c) that in the particular circumstances the pursuit of the course of conduct was reasonable.
3.(1) An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.
(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.
7.(1) This section applies for the interpretation of sections 1 to 5.
(2) References to harassing a person include alarming the person or causing the person distress.
(3) A "course of conduct" must involve conduct on at least two occasions.
(4) "Conduct" includes speech.
"Article 8 -- right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society …., for the prevention of disorder or crime, …, or for the protection of the rights and freedoms of others."
FINDINGS OF FACT
THE AMOUNT OF DAMAGES