The appellant police officer appealed convictions for misconduct under the Police Services Act for using unnecessary force and neglect of duty.
The Hearing Officer found that the appellant had pepper-sprayed a handcuffed prisoner in the back of a police cruiser and subsequently failed to document the use of force in his arrest report or a mandatory Use of Force Report.
On appeal, the Commission held that the Hearing Officer's credibility findings and conclusions were supported by clear and convincing evidence.
The Commission found no manifest error in the determination that the failure to report the use of pepper spray was deliberate and constituted neglect of duty.
The appeal was dismissed.
