Pubdate: Thu, 28 Sep 2006
Source: Ottawa Sun (CN ON)
Copyright: 2006 Canoe Limited Partnership
Contact:  http://www.ottawasun.com/
Details: http://www.mapinc.org/media/329
Author: Jon Willing
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)
Bookmark: http://www.mapinc.org/testing.htm (Drug Test)

'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.
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MAP posted-by: Beth Wehrman