A Windsor police officer who was allegedly caught smuggling alcohol across the border has lost her bid to have her disciplinary hearing covered by a publication ban.
Const. Dorothy Nesbeth had argued that her Police Act hearing should be held behind closed doors because making some details public could violate the Customs Act.
But in his decision released Monday, Supt. Robert Fitches said media coverage is an important part of court proceedings. Furthermore, he said, this will be the second time that the hearing has heard testimony from the same witnesses, and Nesbeth did not raise the same objection to media coverage the first time.
“The fact that the information that will be elicited from the witnesses has already been provided by these same witnesses, with no objection being raised, it convinces me to an even greater extent that the onus for closing this hearing has not been met,” Fitches said in a written decision.
Nesbeth is charged with deceit and two counts of discreditable conduct after she was stopped at the Ambassador Bridge with a trunkload of alcohol on July 28, 2010. She has been suspended with pay, at $80,829.08 a year, since she was charged. The Canada Border Services Agency said the alcohol was not declared.
An investigation into the border incident began after a customs officer leaked information to Windsor police, Nesbeth alleges in a pair of $350,000 lawsuits against Windsor police and the CBSA.
The Police Act hearing against Nesbeth began in August 2011. The recording of testimony by some witnesses was lost, prompting Nesbeth to apply to have the charges against her stayed. Fitches turned down the application and said the same witnesses will be called to testify again.
After losing that application, Nesbeth’s lawyer, Patrick Ducharme, applied to have the hearing held behind closed doors.
That application was opposed by Windsor police, The Windsor Star and other media outlets in the city.
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