A step forward on the professional conduct hearing of Const. Corey McArthur was taken on Friday as the legal teams conveyed in a conference call to set dates for a hearing of evidence and submission dates.
This is the first advancement since August in the professional conduct hearing against the Guelph police officer who pleaded guilty to the charge of discreditable conduct.
Now, former York Regional Police deputy chief Terence Kelly, who is the hearing officer, has set a target to meet again on Feb. 24 and 25 for a virtual evidence hearing.
The submission dates are targeted for April 7 and 8, which the prosecution has asked to be held in person.
The new development comes three months after prosecutors introduced further evidence in a virtual professional conduct hearing speaking to the character of McArthur which they said needed to be addressed.
At the professional conduct hearing in August, the prosecutor called for the reopening of the hearing to include comments made during a 2014 trial, in which Justice G. F. Hearn called McArthur an ‘apparently aggressive police officer.’
The trial in question, Regina vs. McMullan, led to a private citizen's charge of assault causing bodily harm against McArthur that was later dropped.
That evidence has since been admitted by Kelly.
McArthur's lawyer during the hearing, Joseph Markson, said Friday he had requested disclosure of the brief in the McMullan matter because there is other evidence presumably in the brief that wasn’t called in the criminal trial of McMullan.
“We had to determine whether or not it was potentially relevant and is going to require a Wagg order, which you’re familiar with, in order to obtain that brief,” said Markson. “So, right now, further to a number of steps that have been taken on my part after I spikes with Miss Barrow before, after and this morning, I expect we will bring a Wagg order to obtain that brief.”
Wagg motions refer to motions for the production of police or Crown documents.
Markson said he has no issues setting target dates but has to keep a reservation for the processing of the Wagg order and receiving the order will present the scope of the evidence that can be called.
“There is some uncertainty as to the ability to get everything done in the Wagg order between now and then, but we will try,” said Markson.
The February dates have been set bearing in mind the Wagg order will be considered.
The prosecution said they have no issues with doing the evidence portion remotely but want to see the submission process done in person.
“Pending on the scope of the evidence I can’t give you a final answer. I'm certainly open to remote evidence depending on the class of evidence to be advanced,” said Markson.
In 2016 Const. McArthur was recorded assaulting a teenager who was handcuffed to a hospital bed at the time.
He pleaded guilty to discreditable conduct at the start of his disciplinary hearing in 2020.
The current hearing underway will decide if he can continue his career as a police officer.
