Ex-cop’s legal claim rejected

| 27/08/2013

(CNS): A former police officer’s case that he had been forced out of the RCIPS as a result of threats made by the deputy police commissioner and a whispering campaign was rejected by the Grand Court Monday. Justice Alex Henderson found that while DPC Steve Brougham may very well have wanted Herbert Muschette to resign and while there may have been rumours and gossip circulating about him, this did not amount to a wrongful dismissal. In his decision following a three day hearing last week the judge made no comment on the revelations that Brougham had chosen not to investigate very serious criminal allegations about Muschette in exchange for his voluntary departure from the service.

Henderson said that his impression of Muschette when he gave evidence during the trial was that “he was attempting to tell the truth but the accuracy of his recollection must be questioned.”

The judge pointed to various inconsistencies as well as numerous claims that Muschette had made about what people had said regarding his position, all of which were denied by the witnesses. He also noted that after the critical meeting that Muschette had with Brougham where the threats were allegedly made, the former cop had made no notes, unlike the senior officer, who made a note immediately after the meeting about what was said.

Muschette had claimed that during the meeting with DPC Brougham in July 2010 he had been threatened with jail if he did not leave the service of his own accord, as a result of serious allegations against him that he was dealing drugs, passing information to the criminal underworld and soliciting female motorists for sexual favours in exchange for not prosecuting them for driving offences, 

Although the ex-cop denied allof these entirely unsubstantiated allegations, he said the stress of the threats followed by the whispering campaign had driven him to resign against his will and he had therefore been dismissed without due process.

Henderson said he believed that the meeting with Brougham contributed to driving Muschette out of the force but he pointed to other issues that were already affecting the officer.

Muschette was on extended sick leave for stress at the time, and although he pointed to the meeting as a defining moment, in an email he sent to DPC Anthony Ennis the very next day he said he was not going to resign.

During the trial Brougham admitted that he had been prepared to let Muschette leave the service and to brush aside the allegations. He told the court that while the allegations were very serious and of a criminal nature there was no documented evidence, as the people making the claims that Muschette was corrupt were either police informants or people who did not want to make written statements.

He also said that at the time the RCIPS was seriously under-resourced and he did not have enough officers to conduct such an investigation.

Muschette, who had been a traffic cop for the large part of his time in the RCIPS, went on stress leave soon after he was moved from that department to the police station in George Town and following to internal complaints about him, one from a fellow officer and one from a person he had arrested, suggesting he was heavy handed in his approach.

Muschette, who came to Cayman after six years in the Jamaican police force, served ten years in the RCIPS before he resigned. He vehemently denied the allegations against him and insisted that he was a diligent and hard-working officer who became the subject of a conspiracy to have him removed from the service

Related article on CNS:

Ex-cop: DPC threatened jail

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  1. Anonymous says:

    He who commits injustice is ever made more wretched than he who suffers it. We all are complicit in the corruption we call the RCIPS because we stayed silent along with our useless and ignorant politicians when these acts were perpetrated against the innocent and it has got so bad now some of the perpetators are being victimized themselves to cover up their leaderships guilt!

  2. Anonymous says:

    Bro Muschette even Christ was crucified. God always always looks after his own. RCIPS has been mismanaged for too long, my family and I applaud you for speaking up. Bless you

  3. Anonymous says:

    So who is policing the police? Bad behaviour appears to be rapant.

  4. Anonymous says:

    The police service is badly run, heads need to roll.

    • Anonymous says:

      You should see the Fire service….

      • Anonymous says:

        Nice deflection. The performance of the fire service does not affect my quality of life on a daily basis.

  5. Rorschach says:

    It's worrying when an officer suspends operation of Cayman laws.

    Which one?? 

      If you think that this is an isolated incident you are sadly mistaken.  Senior RCIPS officers have been using these sorts of tactics for Years…with and without evidence…I know the officer involved in this case and while I do not think that he was suitable to be a police officer, the way in which he was driven out of the service was disgraceful, but again, quite common within the workings of the RCIPS. 

  6. Anonymous says:

    Having to deal with this man when he was an officer (I wasn't breaking the law) I remember all too well the bad attitude he had. In fact, I have heard many people voice their opinion about his attitude. You can do what you want, but not as long as you want!!!

  7. Knot S Smart says:


  8. noname says:

    I think you mean normal.

  9. Anonymous says:

    What does the marl road say about this former police officer?

  10. Anonymous says:

    We all reap what we sow is all I can say about Muschette!  Have known him since he got here and am not really surprised by some of the allegations!  

  11. Anonymous says:

    Selective enforcement of Cayman laws.

    It’s worrying when an officer suspends operation of Cayman laws.

    • Anonymous says:

      Nonsense.  At the heart of all policing is the discretion to investigate and charge.