OFFICER WHO STOLE DRUGS FIGHTS FOR JOB

Constable Smoked Crack Cocaine; Superintendent Urges That He Be Fired

An Ottawa police officer who took crack cocaine from suspects and
smoked it himself, is fighting to keep his job.

His superintendent, however, says the force needs to be allowed to
fire the officer.

Const. Kevin Hall, a former west division neighbourhood officer,
pleaded guilty in May to eight charges under the Police Services Act,
including five counts of discreditable conduct, two counts of corrupt
practice and one count of neglect of duty.

The officer admitted to seizing crack cocaine during traffic stops in
November 2004 and September 2005 and keeping it for his personal use.
He also admitted to stealing crack from an evidence envelope
following a court appearance in August 2005. In addition, he admitted
to buying the drug while off and on duty.

Yesterday, at a police disciplinary hearing, his lawyer, Steven
Welchner, argued Const. Hall should remain an Ottawa police officer
because of precedents at which other officers had committed serious
breaches of the public's trust, yet were reinstated to active duty.

Mr. Welchner cited the case of Const. David Guenette, who nearly lost
his job in 1999 after getting caught stealing $200 from an ATM by
using another customer's bank card.

Const. Guenette, who testified for the defence yesterday, was
originally dismissed after being found guilty of discreditable
conduct, but kept his job following an appeal of the ruling to the
Ontario Civilian Commission on Police Services.

He also kept his job after being demoted a second time in January
2001 for failing to turn over a rifle that had been slated for destruction.

Const. Guenette testified yesterday that when he returned to patrol
duty, he had no extra supervision and spent only two shifts with
another officer before he resumed working alone.

Supt. Ralph Erfle, who also testified yesterday, called it an
"affront" to public confidence in the police, and said allowing
Const. Hall to keep his job would present "unprecedented challenges"
in trying to reintegrate him into the force.

"Trust is paramount to our foundation as a police service," Supt.
Erfle testified yesterday, adding that trust was "eroded" by Const.
Hall's actions.

"He has, by his own admission, violated six out of nine stated duties
of a police officer," said Supt. Erfle.

"It will really challenge our abilities to put this officer in a
useful position within our organization."

According to an agreed statement of facts presented in evidence
yesterday, Const. Hall became addicted to cocaine in November 2004
after trying the drug for the first time to deal with "emotional
pain" over marital and family problems.

He continued using cocaine for the next 11 months.

Before he was charged under the Police Services Act last December, he
went on his own to treatment programs in Guelph and Carp, with mixed results .

Const. Hall had previously been addicted to marijuana, trying it
first when he was 15 and continuing to use it regularly for the next 18 years.

After a five-year break -- during which he was hired as a police
officer in 1999 -- he resumed smoking marijuana in 2001. He quit
again in 2004 when he started using cocaine, according to the agreed
statement of facts. He has not used illicit drugs since last December
and submits to regular drug tests.

He was never criminally charged. The charges were laid under
Ontario's Police Services Act, which governs the behaviour of law
enforcement officials and carries less harsh penalties than the Criminal Code.

Earlier in the day, the hearing heard how Const. Hall's history of
drug abuse and tampering with evidence could make it difficult for
him to credibly testify in court proceedings, as police officers often do.

"I would think that the officer could reasonably be asked on cross
examination a list of questions related to his drug use," testified
federal Crown prosecutor David McKercher, adding they are questions
he believed Const. Hall would "have difficulty giving a satisfactory
answer to."

But Const. Guenette testified yesterday that he has not been asked
about past disciplinary hearings during the three court appearances
he has made since 1999 to testify about his cases.

Mr. Welchner also asked the Ottawa Police Association's Geoff
Broadfoot about 20 constable positions within the Ottawa police
department -- including human resources, crime analysis and
professional development -- that would not require his client to
testify in court.

Among those are positions in the race relations and media relations sections.

"This is one of the last officers we would want as the primary public
face of our organization," said Supt. Erfle, who testified that
Const. Hall lacks the qualifications for most, if not all, of the job
positions.

Closing arguments are expected to continue today.