The appellant police officer appealed his convictions on two counts of neglect of duty and the resulting penalty of a reduction in rank for six months.
The convictions arose from his failure to conduct a proper investigation and failure to arrest a suspect for breach of recognizance during a domestic violence call.
The Ontario Civilian Police Commission dismissed the appeal, finding that the standard of proof is 'clear and convincing evidence' regardless of the penalty sought, and that the two counts did not violate the rule against multiple convictions.
The Commission upheld the penalty, noting the serious nature of the misconduct, the officer's prior disciplinary record, and his failure to acknowledge responsibility.
