The sentencing hearing for Timmins Police Chief John Gauthier got underway with lawyers from both sides wrangling over the seriousness of the transgression and Gauthier’s character.
Gauthier pleaded guilty in March to disreputable conduct.
Commissioner Zahara Dhanani presided on her own after David Gavsie, the Ontario Civilian Police Commission Chair, became ill at the last minute.
The Commission’s legal team headed by Victoria Kondo tried to impress upon the Commissioner that Police Chief Gauthier displayed favouritism and preference to Councillor Gary Scripnick when he withdrew two provincial offences levied against the councillor - one for driving through a red light and a second for driving without having a copy of his insurance certificate.
The incident occurred on May 19, 2013 over the Victoria Day long weekend and arose because Scripnick’s long standing concern about the malfunctioning of the north-south traffic signals on Shirley Street.
Scripnick believed the red light held too long.
Scripnick, who was waiting at the intersection for the light to change, spotted a Timmins police officer and got out of his vehicle to talk to him about the malfunctioning red light.
When it appeared the officer was not helpful, Scripnick got back into his car and drove through the red light which set in motion the subsequent ticketing on two provincial offences.
The Commission’s legal team called one single witness – former Timmins Mayor Tom Laughren.
Laughren was questioned by Commission co-counsel Erin Rizok about emails that were sent to him by Scripnick after the incident.
Responding to Scripnick’s emails Laughren in turn emailed Police Chief John Gauthier and asked him to address the problem.
Subsequently, Gauthier visited Scripnick at his home and the two went to the intersection to examine the traffic lights, which on that occasion worked fine.
The implication of the testimony elicited from questioning Laughren was that Chief went personally to the councillor’s home at the behest of the then mayor and this constituted special and preferential treatment.
Police Chief Gauthier believed he had the authority to recall the tickets and did so.
However, prior to the March hearing, Gauthier discovered a 2002 standing order that forbade anyone from recalling provincial offence tickets once they were placed into a locked box for conveyance to the courts.
Defence counsel Ian Johnstone called eight witness to testify on the good character of Gauthier, the still high morale of Timmins police despite the chief’s guilty plea to disreputable conduct and he also tried to downplay the seriousness of the offence.
Johnstone called to the stand former councillor Gary Scripnick who said he never asked that his tickets be withdrawn by the police chief.
A clearly frustrated Scripnick, who did not run for re-election in 2014, said all he wanted was for someone, anyone, to fix the traffic lights that annoyed his constituents.
Scripnick revealed he had received an earlier provincial offense ticket when he made an illegal right turn on a red light at an intersection off of Highway 655.
That ticket was paid in full by Scripnick who felt the issuing officer had been rude and overbearing.
Three Timmins Police Services employees, Sgt. Lorne Yee, communications staff Jennifer Scott and human resources director Rock Foy all testified that he held the chief in high regard and observed no loss of morale among officers in the aftermath of the ticketing incident and the guilty plea entered by the chief.
Fire Chief Michael Pintar also spoke of the excellent working relationship he had with Police Chief Gauthier.
Councillor Michael Doody called Gauthier the finest police chief he has worked with in his 28 years on Timmins council.
Timmins CAO Joe Torlone said his support for Gauthier has increased because of how he has handled himself during the OCPC hearings.
The hearing resumes Friday morning at 8 a.m. to listen to one more defence witness followed by submissions on sentence by Commission lawyer Victoria Kondo and defence counsel Ian Johnstone.
(PHOTO: Police Chief John Gauthier is pictured in this file photo)
