The appellant police officer appealed three findings of guilt (one count of insubordination and two counts of deceit) and the penalty of a twelve-month reduction in rank.
The charges arose from his investigation of a domestic assault and his subsequent testimony at the accused's trial, as well as his failure to promptly obey an order to provide a written report during the ensuing disciplinary investigation.
The Commission upheld the insubordination conviction, finding that the order to provide a statement for disciplinary purposes did not violate section 7 of the Charter and that the officer failed to comply in a timely manner even after related criminal proceedings concluded.
However, the Commission set aside both deceit convictions, finding the Hearing Officer failed to establish clear and convincing evidence of an intention to deceive regarding the officer's notes and court testimony.
Consequently, the penalty was varied from a one-year demotion to a forfeiture of 24 hours' pay for the single remaining conviction of insubordination.