Grant Hall will be a busy place at the end of August, as the building will play host to the high-profile dismissal appeal hearing of former police constable Alan Murdock.
The hearing kicks off on Monday, Aug. 31 and runs every day for three weeks until Friday, Sept. 18. The hearing will likely attract major media attention from across the province due to its seriousness.
Many witnesses will be called to provide evidence relevant to the reasons for the dismissal, explained police Chief Rick Bourassa. The Moose Jaw Police Service will provide many witnesses, while Murdock could provide some of his own. He will also have the opportunity to cross-examine those people who take the stand for the police service.
“When that hearing is concluded, the hearing officer will make a ruling,” Bourassa said during the board of police commissioners’ meeting on Aug. 11. “… There are a number of outcomes that can be decided by the hearing officer in relation to that hearing.”
Destiny Gibney will act as legal counsel for the police chief during the hearing. Since the police service is bearing most of the costs for this process, the organization will provide a report to the board during its October meeting.
Before the hearing begins, though, the hearing officer will hold another conference call on Friday, Aug. 21, to deal with a procedural matter.
Murdock spent about 30 years in the service before his dismissal.
Background
The police service dismissed Murdock on June 19, 2019, under section 60 of the act. The organization issued a news release that day, saying it had fired him after several investigations turned up many allegations of misconduct.
Section 60 of The Police Act provides the framework to dismiss a member, the Bourassa’s report explained. A police chief may dismiss a member if the member “has conducted himself or herself in a manner that, despite remedial efforts, if it was reasonable in the circumstances to make remedial efforts, renders the member unsuitable for police service or establishes the member as incompetent for police service.”
Notice order of dismissal
Also attached to Bourassa’s report was the notice order of dismissal given to Murdock on June 19, 2019, listing 25 points why the chief was firing him. This document was not made public when the former officer was released.
Some reasons why Bourassa dismissed Murdock included:
- He had a history of misconduct and remedial orders, including from May 22, 2019, March 28, 2012, and Jan. 6, 1999
- Specific examples of his misconduct included harassment of a citizen in 1998; inappropriate physical contact with a female co-worker in 2003, and; inappropriate text messages with a 15-year-old girl
- He disobeyed a direct order and explicit instructions from his superior officer about using the police service’s record management system while on probation
- Murdock provided false information during an internal investigation while on probation
- He accessed other people’s data without a lawful purpose
- He failed to return exhibit videos containing child pornography and failed to follow exhibit handling and documentation procedures
- Murdock provided misleading, false and inaccurate information to the public complaints investigator
- He failed to exhibit and properly store a video card despite receiving remedial discipline for multiple counts of mishandling evidence
- He entered untrue information into his reports about incidents in which he was involved
- Murdock subjected his female co-workers regularly to inappropriate remarks and physical contact
- His consistently displayed insubordinate, unaccountable and suspicious attitudes while being interviewed about misconduct or when his superiors corrected or advised him
- He subjected his step-children to physical assaults
- Murdock engaged in inappropriate behaviour with a minor
- He has a repeated history of poor professionalism
- He exhibited a long-term pattern of unsuitable behaviour, including intimidating and threatening others
- Murdock regularly stored his firearm in an unsafe manner
- He attempted to have an RCMP officer provide a fraudulent receipt for financial gain
- He did not follow proper procedure when dealing with victims of domestic assault
- Murdock turned off the in-car video system more than one time
- He was oppressive or abusive toward other police members, including physical assaults or “bodychecks” and hitting them with objects
“I cannot trust that you will exercise your duties as ordered and with the due diligence and honesty required … ,” Bourassa wrote in the dismissal report. “Integrity, honesty and loyalty are inherent qualities of an individual’s character. Your conduct and your behaviours reflect an intrinsic and intractable deficit in integrity, honesty, loyalty and good judgment.
“Further, you have participated in remedial efforts previously and you continue to conduct yourself in the same manner,” he added. “I, therefore, do not consider that remedial efforts are reasonable in these circumstances … . I have ordered your dismissal from the Moose Jaw Police Service effective on this date (of June 19, 2019).”
The next board of police commissioners’ meeting is Tuesday, Sept. 15.
