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| NEWS > 18 February 2006 |
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 Article sourced from
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Scotsman - United Kingdom
18 February 2006
This article appeared in the above title/site.
To view it in its entirity click this link.
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Police constable accused of st
A POLICE constable sacked by the force after being accused of stealing £10 has won back his job following a three-year battle.
Pc Alistair Gemmell was told he could return to duty despite the strenuous efforts of Lothian and Borders Chief Constable Paddy Tomkins to block the move.
A tribunal panel from the Police Appeals Board made the ruling following a hearing at Edinburgh City Chambers. Union bosses said today they were "delighted" that the case was over and the 36-year-old could resume his career.
Discussions over his future role with the police have already started although it is not yet clear where he will be based.
Pc Gemmell was originally fired after colleagues mounted an elaborate sting operation using a hidden camera.
They were suspicious that the officer had stolen cash from Linlithgow police station, and recruited an undercover policewoman to test his honesty.
She pretended to hand in £10 as a member of the public and fellow officers arrested Pc Gemmell after he failed to process the find.
The evidence was handed to an official inquiry team who ordered him to resign and the ruling was backed by Mr Tomkins. He was eventually fired after refusing to go.
But Pc Gemmell challenged the dismissal and a tribunal panel from the Police Appeals Board concluded he should be reinstated.
The decision also followed a Sheriff Court trial in February 2003 which found him not guilty on two charges of theft.
However, Mr Tomkins blocked the officer's return and took the extraordinary step of taking the board to court in an attempt to overturn the judgement.
The Court of Session ruled in his favour and called for the second tribunal panel to review the case after what was believed to be the first legal action of its kind in the region.
Mr Tomkins personally attended the latest hearing at the City Chambers to listen to the evidence alongside the police's legal team.
Pc Gemmell's representatives argued that failures in his training had contributed to his actions over the cash.
The Scottish Police Federation gave its full backing to Pc Gemmell during his fight to be reinstated.
Jackie Muller, secretary of the Lothian and Borders Joint Branch Board, said: "I'm delighted that this matter is now finally concluded and we are looking forward to assisting our member back into his role as a police officer.
"Discussions with the force to ensure his return runs as smoothly as possible for all concerned are already under way."
Councillor Shami Khan, a member of the police board, said: "Officers have to be seen to act in the proper way if they are to be trusted by the public. But the tribunal have viewed the evidence and they have made the decision they believe is right. That has to be respected."
A police spokesman said: "We have accepted the tribunal's decision and Pc Gemmell has been reinstated."
Mr Gemmell's former colleagues at Linlithgow had grown suspicious that he was stealing and launched the sting operation. When Mr Gemmell failed to register properly the money the officer handed in, he was handcuffed and placed in the cells.
He was later cleared by a sheriff of theft after claiming he put the cash with the station tuck box to be processed later.
But Lothian and Borders Police hauled him before a misconduct hearing led by Assistant Chief Constable Malcolm Dickson which ruled he should resign after stating he "lacked the integrity expected of every police officer".
Mr Gemmell, who began work as a police constable in 1996, admitted five counts of misconduct but refused to resign and was sacked in June 2003. He claimed he was too busy to record the details in the station incident book and said he put the money in a drawer to deal with later.
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