Pubdate: Thu, 28 Sep 2006
Source: Ottawa Citizen (CN ON)
Copyright: 2006 The Ottawa Citizen
Contact:  http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Andrew Seymour

'DISABLED' OFFICER SHOULD KEEP JOB: LAWYER

Stole Drugs, Admits To Corrupt Practices

An Ottawa police constable who stole crack cocaine from suspects to 
smoke himself, should keep his job because the drug addiction he is 
recovering from is a disability, his lawyer argued yesterday at his 
police disciplinary hearing.

Steven Welchner argued that Const. Kevin Hall should not be 
discriminated against because of his disability and is entitled "to 
equal treatment with respect to employment without discrimination" 
under the Ontario Human Rights Code.

But Ottawa police prosecutor Robert Houston said Const. Hall's "gross 
breaches of his duties as a police officer" are the reason the 
43-year-old recovering addict should be fired, not because of his 
admitted addictions to cocaine, marijuana and alcohol.

"This is not a case about addiction. This is a case about the 
outrageous conduct of Const. Hall," said Mr. Houston, adding he 
"grossly abused" his oath to respect the law and maintain high 
ethical standards.

Const. Hall was suspended with pay in December after being charged 
with nine offences under the Police Services Act. He pleaded guilty 
to eight charges -- five counts of discreditable conduct, two counts 
of corrupt practice and one of neglect of duty.

Const. Hall admitted to seizing crack cocaine from a suspect and 
keeping it. He also stole crack cocaine from an evidence envelope as 
well as drugs that were to be destroyed. He also bought the drug 
while on and off duty.

Const. Hall twice sought counselling from a rehabilitation centre, 
which showed his willingness to seek treatment and beat his 
addictions, Mr. Welchner said. He has been drug-free since October 2005.

Mr. Welchner argued that Const. Hall should be demoted from 
first-class to fourth-class constable, the lowest rank, work inside 
the police station without a firearm for at least a year and submit 
to drug tests. A ruling is expected in November or December.
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MAP posted-by: Elaine