A Victoria police officer accused of sexual misconduct while off duty in 2018 has filed a petition to the court, asking a judge to quash an order for a public hearing into the matters.
In February, B.C.’s police watchdog, the Office of the Police Complaint Commissioner (OPCC), announced a public hearing would be held, after the Vancouver Police Department conducted an independent investigation and referred the matter to the OPCC for review by a retired judge.
According to a release from the OPCC, when Judge James Threlfall found that evidence did not support a finding of misconduct, the complainant – who had not had a chance to testify during the discipline proceeding – requested a public hearing.
Judge Wally Oppal, a retired Supreme Court Justice, was appointed to adjudicate the upcoming proceedings.
Now, the VicPD officer, whose name has not been released, says the decision to arrange a public hearing was not reasonable and should be quashed according to the petition.
In May of 2018, the VicPD officer traveled to Vancouver to attend a stag party. The complainant, a woman, was in Vancouver at the same time for a “mini Vegas weekend with a female friend,” reads the petition.
The woman and her friend met a group of three men, which included the VicPD officer. The officer and the woman consumed alcohol that evening at the Shark Club, Doolins Pub and the Roxy.
At the end of the night, the group went to the officer’s hotel room where the officer and the woman engaged in “sexual activity.”
A criminal investigation led by the Vancouver Police Department was conducted and Crown Counsel declined to approve any charges relating to the sexual activity. On Feb. 4, 2019 the woman filed a complaint with the Commissioner.
The OPCC and Oppal have 21 days to respond to the petition.
— With files from Nina Grossman