'DISABILITY' DROVE COP

Lawyer Says Force Discriminated Against Drug-Addicted Officer

THE OTTAWA Police Service discriminated against Const. Kevin Hall
after his "disability" led him to steal crack cocaine to feed his
addiction, a lawyer argued yesterday.

Steven Welchner told a police hearing that Hall is being
"deliberately targeted" because of his drug addiction and the police
force has an obligation to find an appropriate job for the officer
among the city's rank and file.

But prosecutor Robert Houston scoffed at the defence's argument,
firing back that Hall made a "gross breach" of his duties as a cop.

"The only appropriate disposition is dismissal," Houston said.

Hall has pleaded guilty to eight Police Services Act charges relating
to taking cocaine from suspects, a police drug depository box and an
evidence exhibit envelope. The incidents occurred between November
2004 and October 2005.

Hall, 43, has also admitted to buying cocaine while off-duty and
on-duty. He has never used cocaine or marijuana during work and has
never been under the influence of illegal drugs while on duty, the
hearing has heard.

Suspended With Pay

Police have said criminal charges were never laid against Hall
because some evidence would not be permitted in court in a criminal
proceeding. Evidence rules are different in a police tribunal.

Hall, who previously had no formal discipline on his police record,
has been suspended with pay since December.

While the police force wants him dismissed from the service, Hall has
his own proposal for keeping his dream job as a cop.

Through his lawyer, Hall told the hearing that he would accept being
demoted from a first-class constable to a fourth-class constable for
one year. That demotion would bring an approximate $30,000 pay cut
for the 12-month period.

Hall would also accept working in a role inside a police building and
he would agree to not carrying a firearm. Hall would also agree to
random drug testing and would participate in addiction counselling.

A recent doctor's update, which was filed with the hearing, says Hall
has been drug-free since October 2005. The doctor says Hall attends
alcohol abuse sessions and group therapy on a regular basis.

Privately Sought Help

The prosecution argued that Hall should have sought help through
employee assistance programs. The hearing has heard Hall privately
enrolled in addiction programs outside of Ottawa to maintain his anonymity.

Hall, whose wife, son and daughter listened to arguments at
yesterday's hearing, began drinking and doing drugs in his early teenage years.

While the prosecution asserted the police force's reputation has been
damaged by Hall's actions, the defence believes an "informed public"
will understand that Hall was acting on an addiction-related disability.

The defence argued there would be no conflict with Hall working in
units associated with problem crime analysis, professional
development, human resources and court liaison activities.

It's now up to adjudicator Terence Kelly to decide whether the facts
are serious enough to kick Hall off the force, or if his addiction
"disability" obliges police to give the constable a second chance.

Kelly expects to take about two months to announce a decision.