The appellant police officer pled guilty to discreditable conduct after being convicted criminally for shoplifting and uttering threats while off duty.
The Hearing Officer ordered his dismissal.
On appeal, the Commission found the Hearing Officer committed a manifest error in principle by accepting the diagnosis of work-related Post Traumatic Stress Disorder (PTSD) but failing to consider it as a mitigating factor in the penalty phase.
The uncontradicted medical evidence showed the appellant had recovered and his risk of reoffending was extremely low.
The penalty was varied from dismissal to a one-year demotion to third-class constable with mandatory psychological monitoring.
