Police worker fired over whereabouts of sex offender brother wins job back

A POLICE worker who was sacked after withholding information from an investigation into the disappearance of his sex offender twin brother has won £24,649 and his job back.

Andrew Cusick, 54, who worked as a civilian training officer with Strathclyde Joint Police Board after retiring from the force after 30 years service, was dismissed last year for gross misconduct and breach of trust.

In 2005 his twin Martin Cusick, also a former police officer and a convicted sex offender, who was legally required to tell police of any change of address, left his Clarkston, Glasgow, home in 2005 and disappeared.

A high-level investigation was launched to find out the whereabouts of Martin Cusick, who was jailed for five years in 1996 for sexually abusing three children aged between six and 12.

Martin Cusick was traced to Ontario, Canada, in April 2008 and deported a month later to Heathrow Airport where he was arrested on arrival.

An industrial tribunal in Glasgow heard that Andrew Cusick was questioned by phone several times about his brother between October 2006 when he said he had "no direct or indirect contact with him" and believed him to be at an "unknown location" and March 2008.

But he eventually confessed to police he had met his brother before he left Glasgow and had been in touch with him afterwards. Andrew Cusick told police he did not think it was any of their business to know that he and his brother had made contact on birthdays and Christmas and New Year.

The tribunal ruled that Strathclyde Joint Police Board must reinstate Mr Cusick and pay him in compensation for loss of wages.

Employment judge Alan Strain ruled that the sacking was unfair because they had failed to take into account Mr Cusick's 34 years unblemished work record.

The tribunal heard that between December 2007 and February 2008 Mr Cusick had contact with his brother via e-mail and had his home phone number.

Mr Cusick was arrested and suspended after telling police in April 2008 he believed Martin Cusick was in Canada. The criminal proceedings were dropped. In October he attended an investigatory interview where he explained that he had not provided the e-mail address and home number for his brother sooner as he considered it to be a family matter.

An investigation report was compiled which concluded: "Evidence exists to prove that member of police staff Andrew Cusick withheld information from the police, which could have led to the earlier arrest of his brother Martin Cusick".

After a disciplinary hearing, which was adjourned on 18 February 2009, Mr Cusick was dismissed and his appeal in August 2009 was rejected.

In his judgment, Mr Strain said: "The fact that Mr Cusick was not legally obliged to provide the information and the fact that Strathclyde Joint Police Board did not take into account his exemplary record whilst a serving police officer and unblemished record as a civilian member of staff cast serious doubt on their decision to dismiss."