Durham police chief fighting back on order to drop charges against officer

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Paul Martin last week filed an application asking a judge to reverse a directive to drop disciplinary charges against Sergeant Nicole Whiteway

Under Ontario law, a police chief can order internal investigations into cases of alleged officer misconduct. Should serious charges be proven in tribunal hearings, officers can face penalties including docked pay, suspensions or even dismissal.

The exception is the case involving Sgt. Whiteway. In 2017, she was separating from her former spouse when he accused her of improperly gaining access to his apartment as he was jailed on domestic-violence charges. He also alleged that she had taken a large sum of money from him. Citing allegations that a Durham Police deputy chief had used the disciplinary case as “a bargaining lever to extract information from Sgt. Whiteway” about another police officer, Mr. Federico found that the overall process was tainted. He then ordered the police service to “terminate the discipline hearing against her, forthwith.”

In an interview, the chief denied the “bargaining lever” allegation and said the disciplinary hearing should take place. “It is very much in the public interest to have an open and transparent hearing,” he said.

 

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