The Ontario Civilian Police Commission sentencing hearing of Timmins Police Chief John Gauthier heard closing submissions Friday at the Holiday Inn in Timmins.
Ian Johnstone, counsel for Police Chief Gauthier argued for leniency before Zahara Dhanani, the commissioner presiding over the sentencing hearing.
He urged Ms. Dhanani to impose a reprimand for Gauthier’s transgressions.
Johnstone termed the matter a minor technical violation of a 2002 standing order.
Victoria Kondo, the commission’s counsel, countered by arguing for a 10-day suspension because Gauthier’s actions discredited the Timmins Police Services by withdrawing two traffic tickets issued to Gary Scripnick who was a city councillor at the time.
Kondo added that withdrawing of the two tickets was a favour that would not be granted to others and thus violated the very principal of equality under the law.
Johnstone argued that several previous decisions of the OCPC and other tribunals issued reprimands in situations similar to that being faced by the Timmins police chief.
Gauthier only wanted to be helpful in resolving a messy situation revolving around a three-year history of malfunctioning traffic lights at the intersection of Shirley St. and Lafleur, Johnstone explained.
In May, 2013, Scripnick purposefully drove through a red light at the intersection after Officer Kevin Clement told him he should take up his concerns about the lights to the mayor and city council.
By getting personally involved in resolving the traffic light issue, Gauthier sought to bring sound policing for the community Johnstone said.
In no way did Gauthier’s involvement represent preferential treatment to Gary Scripnick.
The commissioner should also take into consideration Gauthier’s guilty plea Johnstone asserted.
This shows Gauthier held himself responsible for actions as it was he standing order.
The fact that Gauthier violated the 2002 standing order was not a major issue Johnstone asserted because it was a policy that could easily be changed and not an entrenched code of practice.
Chief Gauthier was still held in high regard by witnesses who testified at the hearing, including former Mayor Tom Laughren and Councillor Michael Doody; and he has the support of the police and there had been no loss of morale on the force.
Johnstone said Gauthier also has suffered enough through the daily media reports in what Timmins CAO Joe Torlone called “a media circus.”
Kondo disagreed with Johnstone’s depiction of the case as a minor matter.
She said Gauthier’s actions damaged the essence of the legal system that justice must be blind when considering matters before the courts and justice be carried out in an impartial manner.
“By removing the two tickets, Police Chief Gauthier interfered with our legal system and made himself to be the judge in the case.”
“He took the law into his own hands and usurped the role of the court,” Kondo stated.
Scripnick was spared a fine and conviction that would result in demerit points.
Red light violations are treated as cases of absolute liability and there are no defences against them in court.
Kondo said Gauthier acted correctly in an earlier situation where Scripnick was ticketed for making an illegal right turn while the light was red.
In that situation Gauthier told Scripnick he had three options as explained on the back of the ticket.
In arguing Gauthier’s actions were not about traffic lights Kondo asked why the police chief also revoked the ticket for driving without insurance.
Kondo pointed to the fact that Gauthier has shown no remorse for his actions.
He said was sorry, never acknowledged he was wrong and only pleaded guilty to a technical matter arising from his discovery of the 2002 standing order.
An effort by Johnstone to allow Gauthier to address the commission after counsels had completed their submissions was denied by Commissioner Dhanani on the grounds that summations had been completed. Besides Gauthier had numerous opportunities to address the commission but chose not to be a witness.
Commissioner Dhanani said she will render a decision within 90 days.
(PHOTO: Police Chief John Gauthier speaks to reporters following final submissions in his sentencing hearing before the Ontario Civilian Police Commission. Frank Giorno for TimminsToday)
