Fredericton police Const. Cherie Campbell arbitration wraps up
Closing arguments presented today at N.B. Police Commission arbitration hearing
Lawyers in the arbitration hearing for Const. Cherie Campbell gave their closing arguments Wednesday. Campbell was expected to testify in her own defence, but when her lawyer, T.J. Burke, was asked if he had anyone to call forward, he said no.
"That was always an option as to whether she should testify, but she has already testified at a criminal court, at a jury trial in the state of Maine," said Burke.
"We didn't feel it was appropriate for her to give her testimony a second time."
Campbell is charged with violating the police code of conduct by shoplifting, by attempting to obtain favourable treatment from another police officer, and by asking another police officer to try to keep news about her shoplifting arrest from Chief Leanne Fitch.
Campbell's trial for shoplifting in Maine resulted in a hung jury. The matter ended up being settled out of court without a finding of guilt or innocence.
When no further witnesses were called to testify Wednesday, closing arguments began.
The lawyer representing Chief Leanne Fitch, who made the charges, Jamie Eddy, told the arbitrator that shop lifting wouldn't have been a big deal, if that was all that happened. He said on a scale from one to 10, the shoplifting was probably only a five.
What he said made it a 10 was that Campbell wouldn't take responsibility for her actions. He also said that three different times she tried to use her position as a police officer to get someone to show her leniency.
Eddy said that because of this, Campbell should be dismissed from the force.
While going over some evidence, Burke argued before arbitrator Cedric Haines this hearing shouldn't be happening. He said that because the case had already gone through the judicial process in Maine, it doesn't make sense to go through the process again.
The complaint against Campbell was laid with the New Brunswick Police Commission by Fitch.
Lawyer outlines precedents
Burke presented some precedents to the arbitrator. He said a case in Toronto had a man who was charged with sexual assault and found guilty, so he lost his job. The man's union appealed this, but it was found that since he was already found guilty, there was no need to go through the process again.
Burke argued Campbell's situation was the same, just the other way around. Campbell hadn't been convicted so there wasn't a reason to go through the process again.
Lawyer Jamie Eddy, acting on behalf of Fredericton Police Chief Leanne Fitch, said he didn't know of the cases Burke presented, and needed time to respond. Haines told Eddy he could give him a written response to which Burke could also respond.
Campbell's lawyer has described the incident as an "honest mistake," saying Campbell put some lipstick and eyeliners in her pocket after they kept falling out of her cart in Marden's discount store in Maine and then forgot to pay for them when she paid for other items.
Burke concluded by saying that if the arbitrator did feel discipline was required, dismissal from the force wasn't the only option. He said that a 20-to-30 day suspension without pay would be appropriate.
"The starting point is not dismissal," said Burke during the proceedings.
Eddy said that would be fair, if it wasn't for the things Campbell did after she had been caught shoplifting.
Both lawyers agreed that Campbell did commit the act of shoplifting. The question comes down to whether the intent was there or not. Arbitrator Haines will look at the evidence and cases he has been given, and hopes to have a decision by Jan. 7.
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