Brockville police officer still suspended with pay
A Brockville police officer who
pleaded guilty earlier this year to four criminal charges will have to wait
more than a month before he can fight to keep his job.
The man pleaded
guilty last October to damaging property and three counts of breach of an
undertaking in connection with a confrontation with a woman on March 4, 2010,
in a trial during which more serious charges against him were withdrawn.
The officer's
disciplinary hearing under the Police Services Act was put over Friday morning
to a later date as the prosecution and defence proceed with disclosure of
evidence.
In the
meantime, the officer remains suspended with pay, as he has been since early
March, 2010.
The Recorder
and Times is not identifying the officer because the misconduct charges he
faces under the Police Services Act relate to a criminal court case that is the
subject of a publication ban.
The man faces a
total of 18 counts of discreditable conduct and one count of insubordination in
connection with the alleged events resulting in the court case.
At an initially
scheduled hearing Friday morning at the city police station, Lynda Bordeleau,
co-prosecutor in the disciplinary matter with Brockville Police Staff Sgt. Ed
Stone, said that, barring any unexpected developments, the prosecution plans to
withdraw a number of those counts in keeping with the outcome of the court
case.
If things
unfold the way she outlined, the accused officer will face seven counts of
discreditable conduct and one count of insubordination.
The officer,
who was initially also charged with assault, sexual assault and forcible
confinement, received a conditional discharge in Superior Court in February.
He was given
two years of probation and community service requirements after a trial in
which it was revealed the complainant provided unreliable evidence and, in the
judge's words, "had little or no credibility left," leading to the
Crown's withdrawal of all charges relating to sexual assault, assault, unlawful
confinement and uttering threats and death threats, as well as one breach of
undertaking charge.
Superior Court
Justice John McMunagle also noted at the time that a verbal argument
"escalated to the point where (the guilty party) lost control," causing
damage to a bathroom door, wall and toilet paper holder.
The breach of undertaking charges
stem from the accused's contacts and attempted contacts with the complainant,
all subsequent to his arrest in March 2010.
Friday's
session took place before retired Ontario Provincial Police Supt. Morris
Elbers.
The officer,
who is represented by Ottawa lawyer Karin Stein, remained silent throughout the
brief session other than to tell the superintendent, when asked, that he
understood the charges against him.
Elbers and the
two sides have scheduled a teleconference call on Wednesday, May 30 to discuss
disclosure, with a new hearing date to be set at that point.
CHARGES AGAINST
OFFICER
Charges likely
to remain on the books against a Brockville Police officer:
* Four
discreditable conduct charges relate to a guilty verdict on four criminal
charges.
* Another count
refers to a breach of bail conditions, while a sixth refers to discreditable
conduct "by way of your actions towards L.R.," all of which allegedly
happened between May 1 and August 20, 2010.
* The seventh
discreditable conduct charge alleges that, on February 11, 2010, and March 10
of that year, the subject officer breached an officer-in- charge undertaking
"by failing to surrender all firearms."
* The insubordination
count alleges that, on February 5, 2010, the officer booked a day off sick when
he was in fact "seeking out a meeting with L.R."
The subject
officer faces a penalty of demotion or dismissal.
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
