Joseph Markson

The appellant, a public complainant, appealed a Hearing Officer's decision finding two respondent police officers not guilty of unlawful or unnecessary exercise of authority.

The appellant alleged prosecutorial misconduct, Hearing Officer bias, and errors in findings of fact and credibility.

The Ontario Civilian Police Commission dismissed the appeal, finding no evidence of prosecutorial misconduct, noting the appellant waived his right to allege bias by not raising it during the hearing, and concluding the Hearing Officer's factual findings were reasonable and supported by the evidence.

The appellant brought a motion to adduce new evidence on appeal, specifically transcripts from his criminal trial, and requested that the respondent police service acquire and provide them.

The appellant had previously declined to obtain or use the transcripts during the disciplinary hearing.

Applying the Palmer test, the Commission found that the evidence could have been adduced at the hearing with due diligence.

The motion was dismissed.