Cop who blamed fraud on daughter shouldn't be fired: defence

Hamilton police Sgt. Jason Howard knows it was wrong to rack up hundreds of dollars in fraudulent benefit claims and blame it on his young daughter – but that doesn't mean he should be fired, his attorney says.

That was the message lawyer Bernard Cummins tried to hammer home Monday, during the last day of sentencing arguments at Howard's police services act hearing.

Howard, a 16-year veteran of the service, has pleaded guilty to filing $960 in false benefit claims for chiropractic and physiotherapy services. When he was caught, he blamed his then 12-year-old daughter for the filing discrepancies.

• Hamilton cop: 'I was not myself,' blamed daughter for false claims
• Hamilton cop blamed daughter, 12, for false benefit claims

Cummins told the hearing that his client is "contrite, remorseful and is taking responsibility" for what happened.

"He has acknowledged responsibility and regret for his behavior," Cummins said. "It all comes down to one simple circumstance in Canada – we believe in rehabilitation if it's warranted."

Cummins says that chance for rehabilitation is good, seeing as Howard has no prior police act charges, has garnered high praise during performance reviews, and other officers have sent letters of commendation along to the hearing.

The case was last adjourned because of some discrepancies in the agreed statement of facts over when Howard attended for medical care and if he received chiropractic adjustments, physiotherapy, or both. 

This was a deliberate, planned, premeditated pattern of misconduct.- Police lawyer Marco Visentini

The defence is seeking a demotion from sergeant to constable class, for a length determined by hearing officer Robert Strathdee.

Police lawyer Marco Visentini has argued that Howard should be dismissed. "This was a deliberate, planned, premeditated pattern of misconduct," Visentini said.

"The only reason to blame the daughter was to escape accountability for his actions," he said.

Through questioning at a previous hearing, Howard's attorney laid out a series of rough years around when the incident took place, starting with a separation from his wife, time with his kids dropping to half the week, a bout of meningitis, a diagnosis of andropause contributing to lost concentration and sleep and finally, an infection in the screws and plate installed in his leg after broke it during a police hockey game.

When Manulife came calling to question the 23 false claims, Howard blamed his daughter for them. According to court documents, he also asked the investigator, "Do you know what I do for a living?"

Cummins maintained that statement doesn't signify the cop trying to use his position as a police officer to weasel out of a problem.

"You can't conclude that he's trying to trade on his badge to gain a benefit," he said.

Howard has worked on investigations in both the gangs and weapons enforcement unit and the sexual assault unit. He passed the staff sergeant exam with a high score in 2014.

Hearing officer Strathdee is expected to give an update on his decision in December.

adam.carter@cbc.ca