Julio R. Menezes

The appellant police officer appealed his conviction for discreditable conduct and the penalty of forfeiture of 15 days' leave.

The charge arose from a telephone call where the officer was abrupt and unhelpful to a member of the public reporting a potential crime.

The Ontario Civilian Police Commission upheld the conviction, finding the tape recording of the call provided ample evidence of inappropriate conduct.

However, the Commission allowed the appeal against sentence in part, reducing the penalty to forfeiture of 5 days' leave, noting that while the officer's actions were relatively innocuous, his declining work record warranted more than a reprimand.