Shannon Kari, National Post Published:
The commissioner of the Ontario Provincial Police has been accused of improperly trying to stall his own cross-examination at a disciplinary hearing of two senior officers.
The allegations against Julian Fantino were made in court documents filed yesterday by OPP Superintendent Kenneth MacDonald and Inspector Alison Jevons.
There is a "reasonable perception" that the commissioner "is attempting to interrupt his ongoing cross-examination," state documents filed in advance of a Nov. 24 hearing in
It is the latest salvo in a fractious proceeding in which Commissioner Fantino is trying to remove the judge presiding over the disciplinary hearing and there have been allegations of political interference by the province.
Supt. MacDonald and Insp. Jevons are facing neglect of duty and deceit charges stemming from their own investigation of an OPP probe involving allegations against an officer in eastern
Commissioner Fantino was required to testify at the disciplinary hearing as part of an abuse of process motion brought by the senior officers.
During the hearing Justice Leonard Montgomery was accused of bias against the commissioner by Brian Gover, an outside lawyer brought in to prosecute the case.
The judge suggested earlier this month there was an attempt to "undermine and interfere" with his authority by the prosecution. He was critical of comments by Mr. Gover that he had the support of the Ministry of the Attorney-General to seek the removal of Judge Montgomery from the hearing.
The ministry denied it had taken a position on the issue and in the provincial legislature, Attorney-General Chris Bentley criticized NDP leader Howard Hampton earlier this month for speaking publicly about the dispute.
JudgeMontgomery declined to step down from the hearing so lawyers representing Commissioner Fantino filed a legal motion seeking "judicial review" of the decision in
"The adjudicator, by his words and conduct, has created a reasonable apprehension of bias in that he has prejudged the issue of Commissioner Fantino's credibility," state legal documents filed in
Commissioner Fantino is represented by Thomas Curry, a senior lawyer with a prominent