A new hearing has been ordered in the case of an Amherstburg police officer facing misconduct charges. The Ontario Civilian Police Commission granted the appeal after Constable Andrew Challans was acquitted of four misconduct charges under the Police Act in May 2014. Amherstburg's police chief says he cannot comment on matters under review. But Tim Berthiaume did tell BlackburnNews.com that Challans hasn't be suspended in relation to this complaint. He also says the police force is currently "evaluating its position." The OCPC says the hearing officer "breached natural justice and procedural fairness" for not allowing the public complainant to participate meaningfully in the process. The case stems from an alleged incident in December 2010 when the complainant , Justin Brodie Timms-Fryer, was charged with assaulting police and resisting arrest during a roadside stop. Challans was the responding officer. Timms-Fryer was later acquitted of those charges. He then filed a complaint. During four pre-hearings the hearing officer didn't acknowledge Timms-Fryer's presence, although he was there. The complainant was also excluded from making submissions in relation to at least two motions. The hearing officer did not ask Timms-Fryer if he'd like to cross-examine witnesses or bring forward any of his own witnesses. For these reasons the OCPC ordered a new hearing "in light of the denial of natural justice and procedural fairness by the hearing officer." A date has not been set, but the OCPC wants to see it dealt with as "expeditiously as possible."
BlackburnNews.com file photo.
