Wayne O’Hanley

Constable Glenn McLean, an OPP officer, was charged with theft of a decommissioned Intoxilyzer 5000c.

The Crown conceded that McLean had a color of right to temporarily remove the device due to a lax departmental culture regarding personal use of equipment.

The court found that the charge, particularized to "on or about December 16, 2011," could not be proven as the color of right existed at that time.

Furthermore, the court had a reasonable doubt regarding McLean's mens rea for theft, considering the open use of the device at a party and the general departmental culture.

McLean was acquitted.

Glenn McLean, an OPP Constable, faced charges including theft of gasoline (Count #6).

At the close of the Crown's case, the defence brought an application for a directed verdict on Count #6, arguing insufficient evidence to prove personal use, lack of colour of right, or dishonest purpose.

The Crown conceded Count #2 but opposed the directed verdict for Count #6, relying on circumstantial evidence.

The court applied the Sheppard test, which requires drawing reasonable inferences in favour of the Crown at this stage.

The court found that the Crown's evidence, though circumstantial, was capable of supporting an inference of dishonest use of the gasoline for non-OPP purposes.

Consequently, the application for a directed verdict on Count #6 was dismissed.