W.D. Dunlop

The appellants appealed a motion judge's interpretation of a Defence Fee Funding Protocol, arguing they should have access to further frozen assets to pay legal costs after their bank account was depleted.

The Court of Appeal dismissed the appeal, finding the protocol's wording specifically limited access to the bank account and did not extend to assets subject to a proprietary claim.

The respondent's cross-appeal regarding the appellants' access to $3,500 per month for living expenses from all frozen assets was also dismissed.

The appellant police officer appealed his convictions and penalties from two separate disciplinary trials.

In the first trial, he was reduced in rank for neglect of duty after failing to meet performance appraisal objectives over a twelve-month period.

The Commission found the objectives were reasonable and did not constitute an illegal order.

In the second trial, he was ordered to resign or be dismissed for neglect of duty and deceit related to failing to follow up on an investigation and falsely reporting its status to dispose of evidence.

The Commission dismissed both appeals, upholding the convictions and penalties.