Ex-cops fined £500 for breaching data laws

May 22 2008 EXCLUSIVE By Graham Fraser

AN EX-POLICEMAN who was found with hundreds of confidential files in his house has been found guilty of breaching data protection laws.

Thomas McCusker (50) was given police reports, crime reports and other documents on various occasions between March 2004 and April 2005 by another ex-cop, John Cochrane (49).

Their trial at Hamilton Sheriff Court concluded this week, with both men given a £500 fine from Sheriff Danny Scullion.

Co-accused Samuel Innes (56), of Gartlea, Airdrie, and John Chalmers (61), of Condorrat, Cumbernauld, were acquitted in March after the Crown had decided not to take further action against them.

Chalmers and Innes, both retired police officers, had also been accused of breaching data protection laws.

McCusker, of Achnasheen Road, Airdrie, was arrested in his car at a lay-by on April 20, 2005, after a large police operation.

Depute fiscal Julie Cameron described in court how hundreds of police files were subsequently found in his house with John Cochrane’s unique police code on them.

A quantity of police reports and other documents were given to McCusker by Cochrane from various addresses, including Motherwell Police Office.

Police said they raided McCusker’s house and discovered documents by his computer.

The court heard how confidential files relating to two breach-of-the-peace cases against James Nicholson, from Airdrie, were in McCusker’s house.

The complainer in one case was Thomas McCusker himself, while the other was Sean McCusker who, at the time of the cases in 2003 and 2004, lived in Thomas McCusker’s house in Airdrie.

Both Cochrane, of Cairnhill Road, Airdrie, and McCusker always denied breaching data protection laws.

Cochrane served in the police during the time of the offence, while McCusker was a precognition agent. The agents take factual statements from witnesses before trials to enable solicitors to see what evidence people are likely to present at trial.

The court also heard how McCusker stopped in the lay-by of a motorway and met Cochrane regularly. Solicitors for the pair said it was a convenient place for them to discuss horse-racing tips.