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Prosecution wants to introduce new evidence at professional conduct hearing of Guelph officer

Const. Corey McArthur is facing possible dismissal from the Guelph Police Service after pleading guilty to discreditable conduct last September
20200901 Corey McArthur Hearing KA
Const. Corey McArthur turns his head away from the camera as he leaves the site of a professional conduct hearing against him on Sept. 1, 2020. McArthur has pleaded guilty to one charge of discreditable conduct and will be sentenced at a later date. Kenneth Armstrong/GuelphToday file photo

A continuation in the professional conduct hearing against Const. Corey McArthur was held by video on Wednesday. It is being held as a result of a 2016 incident in which the officer assaulted a teenager handcuffed to a hospital bed.

McArthur was found guilty of criminal assault charges in 2018, but the professional conduct hearing will determine the officer's future with the Guelph Police Service.

He pleaded guilty to discreditable conduct last September. Prosecution for the hearing has said it is seeking McArthur's dismissal, the strictest penalty that it can apply.

Arguments for sentencing had concluded, but earlier this year, before a final decision was made in the matter, the prosecution asked to reopen the evidence portion of the hearing because new evidence had come to light.

Earlier in the hearing, defence expert witness Dr. Jonathan Rootenberg testified that the actions McArthur took during the 2016 assault were out of character for the officer.

The prosecution now wants to introduce a December 2012 incident in which McArthur drew his sidearm during a traffic stop in Downtown Guelph on a 23-year-old driver.

The 2012 incident had not yet been introduced during the hearing.

The driver was initially charged with assaulting the officer after his car ran over the foot of McArthur, but the charges against the man were later dropped.

According to media reports at the time, Justice Gary Hearn said McArthur 'overreacted in the extreme' and acted aggressively during the 2012 incident.

The media reports were entered as exhibits during the hearing on Wednesday. 

On Wednesday, McArthur's defence team cross-examined Judith Stoffman, who works as legal counsel for the Guelph Police Service and its board, to determine why the 2012 incident had not been introduced.

Stoffman testified that she was not personally aware of the 2012 incident until it was brought to her attention after the evidence portion of the current hearing had wrapped up.

Prosecutor David Migicovsky argued the 2012 incident only became relevant after the testimony of Rootenberg earlier in the hearing.

The hearing will continue Aug. 31 and Sept. 1 to decide on the motion to reopen the evidence portion. It is not known at this time if it will continue virtually or in person.



Kenneth Armstrong

About the Author: Kenneth Armstrong

Kenneth Armstrong is a news reporter and photojournalist who regularly covers municipal government, business and politics and photographs events, sports and features.
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