A SHERIFF yesterday said he did not have sufficient powers to sentence a corrupt former Dundee detective who had admitted passing on confidential information concerning drug dealing and drug investigations to a criminal.

Sheriff Tom Hughes remitted the case of William Mark Hosie to the high court where a jail term of more than five years—the maximum at a sheriff court—can be imposed.

The sheriff, after hearing a lengthy plea in mitigation at Dundee yesterday from advocate Tim Niven-Smith, in which he asked that Hosie be given a non-custodial sentence, said that the only disposal given the breach of trust and confidence was a custodial one.

Hosie (28), Clattowoods Drive, had appeared in court on April 14 and admitted three charges of neglecting his duty, attempting to pervert the course of justice and helping a criminal.

He admitted that on May 5 last year being a police officer he wilfully neglected his duty, having learned there was a quantity of cocaine in a loft at a house, he failed to pass this information to other police officers and told his boyhood friend Raymond Rudkin that the police did not have a search warrant for the premises.

He had also admitted that between March 15 and May 5 last year he passed confidential police information regarding ongoing and impending police drug enforcement activity to Rudkin with the intent to assist him and other persons to evade prosecution under the Misuse of Drugs Act, with intent to pervert the course of justice and attempting to pervert the course of justice.

He had also admitted that on May 5 last year in a police vehicle, being in possession of privileged information, he provided assistance to Rudkin on how to answer questions at a forthcoming interview with police, with the intent to assist Rudkin to evade prosecution on serious charges under the Misuse of Drugs Act again with intent to pervert the course of justice and attempting to pervert the course of justice.

A plea of not guilty to being concerned in the supply of cocaine was accepted by the Crown.

Yesterday Mr Niven-Smith outlined Hosie’s upbringing in the Mid Craigie area of Dundee, his exemplary behaviour at school and his career in the Boys’ Brigade.

Mr Niven-Smith said that Hosie’s main aim in life was to help others and his downfall was his inextricable link with Raymond Rudkin, whom he had known from primary one at Mid Craigie School.

In his submission, Mr Niven-Smith said that to understand why Hosie now appeared in court it was important to understand Hosie the boy, youth and man.

“It is his character that brings him before the court.

“It was at Mid Craigie Primary School that he met Raymond Rudkin, although subsequently they followed very different paths, he was constantly in contact with him through his youth and into adult life.

“My client went to the Anchor Boys at Mid Craigie Parish Church and was the epitome of what Sir William Smith, founder of the Boys’ Brigade wanted to instil in boys—discipline, respect and obedience.

“He was bestowed the honour of being made school captain and was set on a path quite different to his friend Raymond Rudkin.

“But my client does not turn his back on others less fortunate than he and the two remained friends.

“Hosie went to Morgan Academy where he continued his charitable work and helping others.

“He was made school captain at Morgan and was presented with the McManus Youth Citizenship award for his charity work both in and out of school.

“But he was still inextricably linked with Raymond Rudkin. He would not turn his back on him.

“Hosie joined Tayside Police and had an exemplary career, respected by colleagues and the public.

“Then in March 2007 he was given the opportunity to become involved in a drugs operation. This was his downfall.

“He was from time to time still socialising with Raymond Rudkin. His misplaced loyalty, wanting to keep his friend out of trouble led to his involvement with these criminal matters.”

Mr Niven-Smith said Hosie had not gained financially from his actings.

He said there had been an outing to a pub at which he got a couple of pints of lager—these must have been the most expensive pints of lager in history, he said.

Mr Niven-Smith said that despite Hosie’s actions the drugs had been recovered, no officer or individual had been placed in danger, no “grasses” were placed in danger.

Hosie’s career was lost and Mr Niven-Smith said the accused himself had told him that he now bore the “mark of Cain” and was shunned by his former colleagues, friends and all those he held dear in Mid Craigie.

His wife had given birth to a son prematurely and had lived for only four days. His mother had suffered a stroke.

He had lost everything.

Mr Niven-Smith submitted that a non-custodial sentence such as a community service order coupled with a restriction of liberty order would be appropriate and would not send out the wrong message to the public.

The background report on Hosie said that he did not represent a threat to the community and that his risk of re-offending was low.

A non-custodial sentence would be in fact worse for him than imprisonment because in performing community service he would be placed in the community to work as a fallen hero and a disgraced police officer, with people sniggering behind his back and sneering at him.

Sheriff Hughes said he had listened very carefully to all that Mr Niven-Smith had to say and had read the background reports.

However, he told Hosie, “I said at your appearance last month that the circumstances were truly shocking.”

He said there were some matters raised by Mr Niven-Smith that gave him cause for concern.

In one of the charges Hosie had admitted there was reference to the fact that he had provided confidential information to Raymond Rudkin with the intention to assist him “and other persons” to evade prosecution.

“I have heard about your previous good character and I have read a heart-rending letter from your wife about family difficulties.

“These difficulties were caused by you and no-one else and they must remain on your conscience for the rest of your life.

“What you did do was betray your position as a police officer serving the public. This was your job, serving the public—not yourself.

“You must know the problem with drug dealing in Dundee. There is serious violence and dishonest crimes that cause much trouble to people in the community.

“You must also have seen the problems drug use causes families. It has disastrous consequences to families.

“But you chose to help people involved in the sale of drugs.

“You have aided and abetted criminals and have breached trust and confidence in the police.

“The public look for protection, to the police to maintain law and order and you have singularly failed to protect the public. You have betrayed trust and confidence that people have in the police.

“You have helped people to escape justice, you have given confidential information to criminals.

“You have betrayed your fellow officers, and you must know how difficult a job it is for those in the drugs squad. They must have 100% trust in their brother officers.

“You betrayed that trust and confidence and told criminals about your fellow officers’ investigations.

“The maximum prison sentence in the sheriff court is five years.

“I take the view that my powers of sentence are insufficient in this case and therefore remit the case to the High Court of Justiciary for sentence.”

Hosie was remanded in custody.

The case will call again in Edinburgh at a date yet to be determined.