Dean Saunders CPS Video release, Frank Gibson OBE case, P.S Karl Breen case

Waiting for an internal review by Crown Prosecution Service of their handling of this request.

Dear Crown Prosecution Service,
The National media has reports that ex-footballer TalkSPORT pundit Dean Saunders admitted a charge of failing to comply with a roadside breath test and failing to provide a breath sample for analysis in the early hours of May 10 2019 (due to his concerns that he wanted his lawyer to be present), the 55-year-old had looked crestfallen when he realised he was going to jail for 10 weeks, and the father-of-three was branded "arrogant" by District Judge Nicholas Sanders, passing sentence at Chester Magistrates Court, who told him he had shown no remorse and thought he was "above the law". The former Liverpool striker was jailed after he refused to take a breathalyser when he was arrested on suspicion of drink-driving in his £70,000 Audi A8 in Boughton, Chester, on May 10. He was also banned from driving for 30 months and ordered to pay court costs of £620 but the alleged charges for dangerous driving were dropped.In footage released by the Crown Prosecution Service, which shows the time as 00.50am in the morning, an officer can be heard saying to Saunders: 'Come and get out of the car. You driving is atrocious, have you had any alcohol?''I've had one pint...,' Saunders replies, before the officer cuts him off by saying "Perfect,get out of the car for me".

DEAN SAUNDERS AUGUST 2019 https://www.expressandstar.com/news/crim...
CPS FOOTAGE ON YOUTUBE https://www.youtube.com/watch?v=CJ6QCEpB...

Obviously there must be some reason why the CPS feel the need to release a selective small amount of camera evidence and why they dropped the alleged charges of dangerous driving so, in the public interest, I would appreciate clarification of some issues.

FOI Q1.In the case of Dean Saunders, when the police record people on their cameras do they pass the full original recording onto the CPS or a full copy of the original recording, and who technically has actually has ownership of the recording ? The short edited composite recording issued to the media had the words CROWN PROSECUTION SERVICE in the corner, who produced the edited version and decided how it should be edited,who decided that the edited version should be released to the media and what the intended purpose, other than humiliation, of releasing the edited recording? What was the total time length of recordings supplied to the CPS broken down in terms of recording from police vehicle prior to target stop, bodycam footage prior to transfer to police vehicle, interior of police car recordings, and recordings made within custody suite. Did the CPS advise Mr Saunders or his lawyers that the recording was being released to the media and, as the edited recording was shown on National Television and in the National and Local newspaper websites how was the recording supplied to them for publication and how were they notified? End of FOI Q1.

FOI Q2.The alleged reason Mr Saunders was pulled over was because the arresting officer said his driving was atrocious and nearly caused an accident but, surprisingly if this was true,the Crown did not follow up this charge. Please advise for how long, or over what distance, the police vehicle followed Mr Saunders before deciding that his driving was atrocious, and confirm if they made a recording of this alleged atrocious driving and supplied it to the CPS and, if so, please provide disclosure of it to vindicate the officer`s opinion. End of FOI Q2.

The arresting officer seemed to have undeclared prior knowledge that Mr Saunders had been drinking, a possibly targeted arrest of a celebrity, because he approached the car in an eager aggressive manner and told him to get out of the car immediately before suddenly remembering that he was supposed to ask him first if he had been drinking, then would not let him complete one sentence before retelling him to get out , then playing to the camera by provocatively by saying "you can`t even stand up" when Mr Saunders was just unsteady on his feet and confused.Obviously these newly qualified traffic officers get strange satisfaction using their powers to intimidate people (unfortunately tainting the public`s impression of the whole police service at the same time) and the officer seems to have also dominated the police station scenario and taken over the role of the desk sergeant with his unrestrained excitement and pushyness.

FOI Q3.Please disclose a copy of the document that Mr Saunders was apparently shown which explained to him that he must provide a breath test, and please advise if the document was shown to him before or after he had spoken to his lawyer on the phone, and what is normal policy? End of FOI Q3.

FOI Q4.In the case of Frank Gibson OBE there was controversy over the allegation that traffic police gave false statements to achieve a conviction, and a legal precedent was set by the traffic officers in the incident being named as PC Thomas Mander-McGregor and PC Stephen Cole.
FRANK GIBSON O.B.E FEBRUARY 2008 https://www.telegraph.co.uk/news/feature...
Please advise of the names of the arresting officer and the partner officer in the Dean Saunders incident. End of FOI Q4.

FOI Q5.In the case of police sergeant Karl Breen, who also refused to supply an evidential breath test at the police station, having blown a massive 5 times over the limit at a roadside test and after actually crashing his car into another (rather than simply having atrocious driving without an accident), he was not sentanced to jail for refusal and was not even insulted or questioned by the judge in detail. In terms of costs Karl was only fined £85 victim surcharge and £85 CPS costs, but Dean Saunders was fined £620 costs.
POLICE SERGEANT KARL BREEN APRIL 2019 https://www.birminghammail.co.uk/black-c...
It seems very exceptional for anyone to be jailed for being difficult, as legal decisions are supposed to be blind and based on facts and not personalities.Please advise if the CPS know and can disclose how many drivers have been sentanced to jail over the past 5 years for failing to complete alcohol or drugs tests.End of FOI Q5.

Thanking you in anticipation of completion
Yours faithfully,
Dennis Fallon (BScHons)

Dear Crown Prosecution Service,
I would appreciate adding adding an additional question to my request to understand more completely about Mr Saunders` arrest which the CPS considered sufficiently important to leak information to the media, but for which we have only been exposed to the Crown`s version of events.
Obviously,by definition, District Judge Nicholas Sanders is supposed to be a `judge`,that is an impartial person unaware of the facts and basing his `judgement` by way of the witness statements, addition evidence, legal arguments and legal precedence. The police and the CPS have the purpose, when issues are brought before a court, of preparing a convincing case and achieving a conviction and, sadly, in some other cases which I can further identify if required, the police have been known to distort or embelish evidence to improve their conviction rates.

FOI Q6.Please disclose a copy of the arresting officer`s written statement, with the minimum of redactions to demonstrate transparency, to understand all the observations which form the officer`s testimony from start to finish. End of FOI Q6.
Thank you in anticipation of accepting this additional question to complete my FOI request.

Yours faithfully,

Dennis Fallon(BScHons)

Information Management Unit, Crown Prosecution Service

Dear Mr Fallon,

 

Freedom of Information Act 2000 Request

 

Thank you for your Freedom of Information (FOI) request which we received
on 02 September 2019 and which detailed ‘FOI Q6’. 

 

We are unable to proceed with your request at present as we cannot locate
your initial request which contained the first 5 questions.  Please can
you resend the first part of your request.

 

Yours sincerely

 

Information Management Unit

020 3357 0899

[1][CPS request email]

 

 

show quoted sections

Dear Information Management Unit,
I am sorry that there appears to have been a strange I.T failure somewhere which has caused correspondance to be lost when a followup email,sent to the same address on the same day, seems to heve been received satisfactorily.
I am keen to minimize clutter on the public website,whatdotheyknow.com, and try to avoid duplication of data, therefore I hope you can accept a reiteration of the complete request simply by visting the website link.
If this is not acceptable please let me know, and if you do not accept the request start date to be 2nd September please let me know, and provide a response from your I.T department to understand where the initial part of the request could have logically gone missing, as obviously a fault should be identified.

https://www.whatdotheyknow.com/request/d...

Sorry I have not replied sooner but I have been absent.
Yours sincerely,

Dennis Fallon(BScHons)

dennis fallon left an annotation ()

Female Police Officer Leigh Shaw has refused a breath test after crashing her BMW whilst being followed by police, NO video of the chase being broadcast for some reason (?).In August 2019, Shaw, 30, was banned from driving for 16 months and handed a community payback order with six months supervision and a £450 fine. She was also ordered to wear an electronic tag on her ankle for seven weeks and cannot leave the house between 9pm and 6am. Saunders` standard of driving was called `atrocious`by the arresting officer, what adjective would he use to describe pc Shaws` standard before her drunken crash?
https://www.dailymail.co.uk/news/article...

Dear Information Management Unit,
I am anxious for completetion of my request and to expedite the request I will reitterate the allegedly missing first part sent on September 2nd.
Quote "Dear Crown Prosecution Service,
The National media has reports that ex-footballer TalkSPORT pundit Dean Saunders admitted a charge of failing to comply with a roadside breath test and failing to provide a breath sample for analysis in the early hours of May 10 2019 (due to his concerns that he wanted his lawyer to be present), the 55-year-old had looked crestfallen when he realised he was going to jail for 10 weeks, and the father-of-three was branded "arrogant" by District Judge Nicholas Sanders, passing sentence at Chester Magistrates Court, who told him he had shown no remorse and thought he was "above the law". The former Liverpool striker was jailed after he refused to take a breathalyser when he was arrested on suspicion of drink-driving in his £70,000 Audi A8 in Boughton, Chester, on May 10. He was also banned from driving for 30 months and ordered to pay court costs of £620 but the alleged charges for dangerous driving were dropped.In footage released by the Crown Prosecution Service, which shows the time as 00.50am in the morning, an officer can be heard saying to Saunders: 'Come and get out of the car. You driving is atrocious, have you had any alcohol?''I've had one pint...,' Saunders replies, before the officer cuts him off by saying "Perfect,get out of the car for me".

DEAN SAUNDERS AUGUST 2019 https://www.expressandstar.com/news/crim...
CPS FOOTAGE ON YOUTUBE https://www.youtube.com/watch?v=CJ6QCEpB...

Obviously there must be some reason why the CPS feel the need to release a selective small amount of camera evidence and why they dropped the alleged charges of dangerous driving so, in the public interest, I would appreciate clarification of some issues.

FOI Q1.In the case of Dean Saunders, when the police record people on their cameras do they pass the full original recording onto the CPS or a full copy of the original recording, and who technically has actually has ownership of the recording ? The short edited composite recording issued to the media had the words CROWN PROSECUTION SERVICE in the corner, who produced the edited version and decided how it should be edited,who decided that the edited version should be released to the media and what the intended purpose, other than humiliation, of releasing the edited recording? What was the total time length of recordings supplied to the CPS broken down in terms of recording from police vehicle prior to target stop, bodycam footage prior to transfer to police vehicle, interior of police car recordings, and recordings made within custody suite. Did the CPS advise Mr Saunders or his lawyers that the recording was being released to the media and, as the edited recording was shown on National Television and in the National and Local newspaper websites how was the recording supplied to them for publication and how were they notified? End of FOI Q1.

FOI Q2.The alleged reason Mr Saunders was pulled over was because the arresting officer said his driving was atrocious and nearly caused an accident but, surprisingly if this was true,the Crown did not follow up this charge. Please advise for how long, or over what distance, the police vehicle followed Mr Saunders before deciding that his driving was atrocious, and confirm if they made a recording of this alleged atrocious driving and supplied it to the CPS and, if so, please provide disclosure of it to vindicate the officer`s opinion. End of FOI Q2.

The arresting officer seemed to have undeclared prior knowledge that Mr Saunders had been drinking, a possibly targeted arrest of a celebrity, because he approached the car in an eager aggressive manner and told him to get out of the car immediately before suddenly remembering that he was supposed to ask him first if he had been drinking, then would not let him complete one sentence before retelling him to get out , then playing to the camera by provocatively by saying "you can`t even stand up" when Mr Saunders was just unsteady on his feet and confused.Obviously these newly qualified traffic officers get strange satisfaction using their powers to intimidate people (unfortunately tainting the public`s impression of the whole police service at the same time) and the officer seems to have also dominated the police station scenario and taken over the role of the desk sergeant with his unrestrained excitement and pushyness.

FOI Q3.Please disclose a copy of the document that Mr Saunders was apparently shown which explained to him that he must provide a breath test, and please advise if the document was shown to him before or after he had spoken to his lawyer on the phone, and what is normal policy? End of FOI Q3.

FOI Q4.In the case of Frank Gibson OBE there was controversy over the allegation that traffic police gave false statements to achieve a conviction, and a legal precedent was set by the traffic officers in the incident being named as PC Thomas Mander-McGregor and PC Stephen Cole.
FRANK GIBSON O.B.E FEBRUARY 2008 https://www.telegraph.co.uk/news/feature...
Please advise of the names of the arresting officer and the partner officer in the Dean Saunders incident. End of FOI Q4.

FOI Q5.In the case of police sergeant Karl Breen, who also refused to supply an evidential breath test at the police station, having blown a massive 5 times over the limit at a roadside test and after actually crashing his car into another (rather than simply having atrocious driving without an accident), he was not sentanced to jail for refusal and was not even insulted or questioned by the judge in detail. In terms of costs Karl was only fined £85 victim surcharge and £85 CPS costs, but Dean Saunders was fined £620 costs.
POLICE SERGEANT KARL BREEN APRIL 2019 https://www.birminghammail.co.uk/black-c...
It seems very exceptional for anyone to be jailed for being difficult, as legal decisions are supposed to be blind and based on facts and not personalities.Please advise if the CPS know and can disclose how many drivers have been sentanced to jail over the past 5 years for failing to complete alcohol or drugs tests.End of FOI Q5.

Thanking you in anticipation of completion
Yours faithfully,
Dennis Fallon (BScHons)"

Information Management Unit, Crown Prosecution Service

Dear Mr Fallon,

 

Freedom of Information Act 2000 Request

 

We emailed you on 5^th September 2019 to inform you that we could not
proceed with your request, detailing ‘FOI Q6’, received on 02 September
2019 as we could not locate your initial request which contained the first
5 questions.

 

Please can you resend the first part of your request.

 

Yours sincerely,

 

Information Management Unit

020 3357 0899

[1][CPS request email]

 

 

From: Information Management Unit
Sent: 05 September 2019 12:57
To: [FOI #600927 email]
Subject: Re: Freedom of Information request - Dean Saunders CPS Video
release, Frank Gibson OBE case, P.S Karl Breen case

 

Dear Mr Fallon,

 

Freedom of Information Act 2000 Request

 

Thank you for your Freedom of Information (FOI) request which we received
on 02 September 2019 and which detailed ‘FOI Q6’. 

 

We are unable to proceed with your request at present as we cannot locate
your initial request which contained the first 5 questions.  Please can
you resend the first part of your request.

 

Yours sincerely

 

Information Management Unit

020 3357 0899

[2][CPS request email]

 

 

show quoted sections

Dear Information Management Unit,
SECOND TIME COPY OF MY INITIAL FOI SENT ON SEPTEMBER 2ND.

Dear Crown Prosecution Service,
The National media has reports that ex-footballer TalkSPORT pundit Dean Saunders admitted a charge of failing to comply with a roadside breath test and failing to provide a breath sample for analysis in the early hours of May 10 2019 (due to his concerns that he wanted his lawyer to be present), the 55-year-old had looked crestfallen when he realised he was going to jail for 10 weeks, and the father-of-three was branded "arrogant" by District Judge Nicholas Sanders, passing sentence at Chester Magistrates Court, who told him he had shown no remorse and thought he was "above the law". The former Liverpool striker was jailed after he refused to take a breathalyser when he was arrested on suspicion of drink-driving in his £70,000 Audi A8 in Boughton, Chester, on May 10. He was also banned from driving for 30 months and ordered to pay court costs of £620 but the alleged charges for dangerous driving were dropped.In footage released by the Crown Prosecution Service, which shows the time as 00.50am in the morning, an officer can be heard saying to Saunders: 'Come and get out of the car. You driving is atrocious, have you had any alcohol?''I've had one pint...,' Saunders replies, before the officer cuts him off by saying "Perfect,get out of the car for me".

DEAN SAUNDERS AUGUST 2019 https://www.expressandstar.com/news/crim...
CPS FOOTAGE ON YOUTUBE https://www.youtube.com/watch?v=CJ6QCEpB...

Obviously there must be some reason why the CPS feel the need to release a selective small amount of camera evidence and why they dropped the alleged charges of dangerous driving so, in the public interest, I would appreciate clarification of some issues.

FOI Q1.In the case of Dean Saunders, when the police record people on their cameras do they pass the full original recording onto the CPS or a full copy of the original recording, and who technically has actually has ownership of the recording ? The short edited composite recording issued to the media had the words CROWN PROSECUTION SERVICE in the corner, who produced the edited version and decided how it should be edited,who decided that the edited version should be released to the media and what the intended purpose, other than humiliation, of releasing the edited recording? What was the total time length of recordings supplied to the CPS broken down in terms of recording from police vehicle prior to target stop, bodycam footage prior to transfer to police vehicle, interior of police car recordings, and recordings made within custody suite. Did the CPS advise Mr Saunders or his lawyers that the recording was being released to the media and, as the edited recording was shown on National Television and in the National and Local newspaper websites how was the recording supplied to them for publication and how were they notified? End of FOI Q1.

FOI Q2.The alleged reason Mr Saunders was pulled over was because the arresting officer said his driving was atrocious and nearly caused an accident but, surprisingly if this was true,the Crown did not follow up this charge. Please advise for how long, or over what distance, the police vehicle followed Mr Saunders before deciding that his driving was atrocious, and confirm if they made a recording of this alleged atrocious driving and supplied it to the CPS and, if so, please provide disclosure of it to vindicate the officer`s opinion. End of FOI Q2.

The arresting officer seemed to have undeclared prior knowledge that Mr Saunders had been drinking, a possibly targeted arrest of a celebrity, because he approached the car in an eager aggressive manner and told him to get out of the car immediately before suddenly remembering that he was supposed to ask him first if he had been drinking, then would not let him complete one sentence before retelling him to get out , then playing to the camera by provocatively by saying "you can`t even stand up" when Mr Saunders was just unsteady on his feet and confused.Obviously these newly qualified traffic officers get strange satisfaction using their powers to intimidate people (unfortunately tainting the public`s impression of the whole police service at the same time) and the officer seems to have also dominated the police station scenario and taken over the role of the desk sergeant with his unrestrained excitement and pushyness.

FOI Q3.Please disclose a copy of the document that Mr Saunders was apparently shown which explained to him that he must provide a breath test, and please advise if the document was shown to him before or after he had spoken to his lawyer on the phone, and what is normal policy? End of FOI Q3.

FOI Q4.In the case of Frank Gibson OBE there was controversy over the allegation that traffic police gave false statements to achieve a conviction, and a legal precedent was set by the traffic officers in the incident being named as PC Thomas Mander-McGregor and PC Stephen Cole.
FRANK GIBSON O.B.E FEBRUARY 2008 https://www.telegraph.co.uk/news/feature...
Please advise of the names of the arresting officer and the partner officer in the Dean Saunders incident. End of FOI Q4.

FOI Q5.In the case of police sergeant Karl Breen, who also refused to supply an evidential breath test at the police station, having blown a massive 5 times over the limit at a roadside test and after actually crashing his car into another (rather than simply having atrocious driving without an accident), he was not sentanced to jail for refusal and was not even insulted or questioned by the judge in detail. In terms of costs Karl was only fined £85 victim surcharge and £85 CPS costs, but Dean Saunders was fined £620 costs.
POLICE SERGEANT KARL BREEN APRIL 2019 https://www.birminghammail.co.uk/black-c...
It seems very exceptional for anyone to be jailed for being difficult, as legal decisions are supposed to be blind and based on facts and not personalities.Please advise if the CPS know and can disclose how many drivers have been sentanced to jail over the past 5 years for failing to complete alcohol or drugs tests.End of FOI Q5.

Thanking you in anticipation of completion
Yours faithfully,
Dennis Fallon (BScHons)

dennis fallon left an annotation ()

Copy and paste of original links does not seem to work, just reposting them to see if they are valid
DEAN SAUNDERS AUGUST 2019 https://www.expressandstar.com/news/crim...
CPS FOOTAGE ON YOUTUBE https://www.youtube.com/watch?v=CJ6QCEpB...
FRANK GIBSON O.B.E FEBRUARY 2008 https://www.telegraph.co.uk/news/feature...
POLICE SERGEANT KARL BREEN APRIL 2019 https://www.birminghammail.co.uk/black-c...

Dear Information Management Unit,
i have been advised that `delivered`marked on the WDTK website means that your systems have received the request, but I do note that copy and paste of website addresses,used to substantiate my request, have not forwarded clearly so I reiterate them again for your convenience.It would also be good practice to provide acknowledgement of my request.

DEAN SAUNDERS AUGUST 2019
https://www.expressandstar.com/news/crim...
CPS FOOTAGE ON YOUTUBE
https://www.youtube.com/watch?v=CJ6QCEpB...
FRANK GIBSON O.B.E FEBRUARY 2008
https://www.telegraph.co.uk/news/feature...
POLICE SERGEANT KARL BREEN APRIL 2019
https://www.birminghammail.co.uk/black-c...

Yours sincerely,

Dennis Fallon(BScHons)

Dear Information Management Unit,
Please note that you may have a faulty I.T system that needs attention, possibly sending valid communications from WDTK organisation into your spam folder, as the WDTK organisation assures me they have been forwared correctly.In the light of your possible fault I would appreciate confirmation that you are dealing with my full request, I shall repeat this email to you twice each day until confirmation received as the fault at your end may be intermittent and would like to know when you realise it.

Yours sincerely,

Dennis Fallon(BScHons)

Information Management Unit, Crown Prosecution Service

Ref: 8704

Dear Mr Fallon

Freedom of Information Act 2000 Request; reference 8704

Thank you for your Freedom of Information (FOI) request which we received on 18 September 2019.

The FOI Act is a public disclosure regime, not a private regime. This means that any information disclosed under the FOI Act by definition becomes available to the wider public.

There is a 20 working day limit in which we are required to respond to requests.

The deadline for your request is the 16 October 2019.

Yours sincerely

Information Management Unit
020 3357 0788
[CPS request email]

show quoted sections

Dear Information Management Unit,
Thank you for confirming receipt of my request.I know it is not a legal requirement of the FOIA to acknowledge requests but I expected you to automatically do so. I will not seek an explanation as to how your systems failed but I am sure you will make efforts to prevent it recurring. I am aware that, in the interests of proper Justice, the legal process requires full disclosure of evidence held and, in this case, it cannot possibly be acceptable for anyone to heavily edit and publically release video recordings which may have resulted in a false impression being conveyed.To selectively release small clips of video could be considered corrupt and I would appreciate seeing the withheld, and perhaps less interesting, associated video to obtain a balanced perspective of the circumstances, particularly the recordings from within the police car prior to the stop.

Yours sincerely,

Dennis Fallon(BScHons)

dennis fallon left an annotation ()

On 30th August the CPS have released some more info to the media, namely saying Following the sentencing hearing at Chester Magistrates' Court on Wedneday, the Crown Prosecution Service said: "Saunders was driving a black Audi above the speed limit in Chester City centre in the early hours of Friday 10 May when he was spotted by police. "Two officers in a marked police car followed him and saw the Audi fail to stop at a roundabout, causing another vehicle to brake suddenly. Saunders then continued to drive erratically, above the speed limit and crossing the white lines of the lane he was driving in. "The officers put on the police vehicle’s blue light and brought Saunders to a stop in Boughton."As Saunders got out of his car he appeared unsteady on his feet and smelt of alcohol. "The officers asked him to give a sample of breath for anlaysis but he repeatedly refused. "He was arrested and taken to a police station but again repeatedly refused to give a breath sample. "He was formally charged later that morning." He pleaded guilty by letter earlier this week".

https://www.birminghammail.co.uk/sport/f...

Freedom of Information Unit, Crown Prosecution Service

2 Attachments

Dear Mr Fallon,

 

Freedom of Information Act 2000 Request – Ref 8704

 

Please find attached our response to your Freedom of Information request,
reference 8704.

 

Many thanks.

 

 

Yours sincerely

 

Information Management Unit

020 3357 0788

[1][CPS request email]

 

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1. mailto:[CPS request email]

Dear Crown Prosecution Service,

Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Crown Prosecution Service's handling of my FOI request 'Dean Saunders CPS Video release, Frank Gibson OBE case, P.S Karl Breen case', reference 8704.

Although the response was helpful in many ways there appears to be excessive withholding of information allowing for confusion, which conflicts with the demonstration of transparency, and it is still unclear how the worldwide media gained access to the released edited video clip .
Your response to FOI Q1 advises that there were multiple requests from different media organisations for evidential material after the conviction achieved by CPS Lawyer Clare Bate on Wednesday 28th August and, to satisfy their needs, a Senior Legal Manager obtained the approval of the CPS HQ Press Office and then sent a CPS Manager to physically take the evidence to the offices of the Liverpool Echo where the Newspaper staff viewed the recordings and kindly edited the recordings down in an agreed way and imposed the words Crown Prosecution Service at the bottom of the edited version and then, presumeably, gave a copy of the edited version to the CPS Manager for general broadcast.
I wish to appeal your refusal to identify the amounts of recorded evidence supplied by the police pretrial,which has subsequently been heavily and selectively edited for you by the Liverpool Echo, to produce a result which might be unfairly distorted. I simply request disclosure of the less exciting bits of video where Mr Saunders apparently refused 3 times to complete a roadside breath test and for the few minutes recorded in custody, either side of the short amount released. The short edited clip seems to be contrary to the interests of justice as edited clips cannot be viewed in context of the surrounding events, and no one surely has the editorial right to conceal closely time related recordings just because they are not so exciting. You are supposed to provide full disclosure of evidence held. In the public interest I would like to see the less exciting evidence relating to the charge of failing to provide a breath test, even if you judge it irrelevant or boring, as long as it is relevant to the charged offences.
The district judge Nicholas Sanders said he had seen police body-cam footage and “overwhelming evidence” and noted the officers were seriously concerned that he might have caused an accident and, when stopped, failed to provide a breath specimen and continued with this obstructive and evasive conduct at the police station.
https://www.theguardian.com/uk-news/2019...
Please clarify if Judge Saunders had seen recorded evidence of the alleged atrocious driving and near miss, or was it just hearsay, because on the basis of FOI Q2 the CPS hold no information and therefore could not have presented it to the court, and please advise why the CPS did not request evidence from the police to pursue the driving charge and vindicate the alleged reason for the stop.
The Liverpool Echo produced the edited clip for the CPS, please clarify why the CPS themselves did not produce the edited clip, and please clarify how the BBC and National media obtained copies of the edited clip.
The edited clip was published in the media on the day after the trial, please confirm exactly when was the edited clip produced and when exactly was it made available to the general media.
The public are obviously concerned that Judge Saunders has completed his exceptionally severe judgement based on "overwhelming evidence" when there is no explanation as to if whether the CPS only provided him with hearsay and only limited disclosure of all the recorded evidence held by the police.
I reject the CPS assertion that total amount of evidence (quantum) held is confidential, protected by FOIA 30(!)(c), part quote "There is a particularly strong public interest in not releasing information which forms part of an investigation :to release this information would be extremely unfair to the individual/s involved".
I consider the CPS assertion to be completely unfounded, the maintaing fairness defence has already been undermined by the public releases of selective parts of the recorded evidence, as controlled by the CPS, and the fairness objective can only be restored by seeing a complete version of the recording, including the more mundane parts, which allow the public to understand what happened either side of the short amount selectively released.
There appears no fairness in the way this case has been reported in the media and the excuses made for concealing basic facts seem very lame, so I would appreciate a review of your response and clarifications.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Thanking you in anticipation,
Yours faithfully,

Dennis Fallon (BScHons)