Michele J. Shepard

The appellant police officer appealed a disciplinary conviction for deceit.

The conviction was based on an allegation that he falsely denied possessing his police notebooks, having signed a receipt for them.

On appeal, the Commission admitted new evidence showing the notebooks were actually found in a secure police storage room two years later.

The Commission overturned the conviction, finding the Hearing Officer made manifest errors and drew erroneous conclusions, as the evidence did not support an intent to deceive.

The appellant police officer appealed a disciplinary conviction for deceit.

He had been found guilty of willfully making a false statement by denying possession of his police notebooks, which he claimed were retained by the police service after an internal investigation.

After the initial hearing, the missing notebooks were discovered in a secure police storage room.

The Commission admitted this new evidence on appeal and found that the Hearing Officer's conclusions were based on manifest error and a misapprehension of the evidence.

The conviction was overturned.

The appellant police officer appealed a disciplinary conviction for deceit.

He had been charged after denying possession of his police notebooks, despite having signed a receipt for them.

After the hearing officer found him guilty, the missing notebooks were discovered in a secure police storage room.

The Commission admitted the new evidence of the notebooks' discovery and overturned the conviction, finding that the hearing officer's conclusions were based on manifest error and that there was insufficient evidence of an intent to deceive.