The appellant police officer was dismissed after being found guilty of discreditable conduct for stealing $200 from an automated teller machine while on duty.
On appeal, the officer sought to introduce new evidence, including a psychiatric report and letters of support, to mitigate the penalty.
The Commission applied the Palmer test and admitted the letters of support, finding they had the potential to alter the result.
Applying the usefulness test, the Commission concluded that while the theft was serious, the officer's 16 years of unblemished service, the isolated nature of the incident, and the strong community and peer support indicated he could be reformed and would not irreparably damage the service's reputation.
The penalty of dismissal was varied to a demotion to third class constable for a minimum of one year.
