Ottawa officer responsible of discreditable conduct requires zero penalty

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Const. Pierre Fournier arrived to his Ottawa police disciplinary listening to Thursday with a roomful of neighbours, space farmers, landowners and fellow officers all lending their assist to the embattled officer, who was discovered responsible of discreditable conduct over a verbal and bodily altercation with a gaggle of dirt-biking youngsters in Greely in April 2021.

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Fournier filed 21 character-reference letters because the tribunal reconvened this week, with many supporters citing the “longstanding difficulty” of the freewheeling youngsters trespassing on personal property, rushing by means of hazardous gravel pits and damaging crops regardless of years of standard complaints to police.

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The difficulty started for Fournier, who was off-duty and on medical go away on April 24, 2021, when he and his similar twin brother, Man Fournier, noticed a gaggle of 15- and 16-year-olds using filth bikes at a neighborhood gravel pit.

Fournier was annoyed by the “recurring disrespectful and undisciplined actions of the youths and attitudes of the dad and mom who enabled the exercise,” in accordance with a abstract of the case from the presiding officer, retired superintendent Chris Renwick.

The group of teenagers rode away, with some flipping Fournier the finger, whereas he restrained one remaining biker and advised him: “You’re not going anyplace.”

The teenagers accused Fournier of utilizing profanity and “mocking phrases” because the group returned to the scene, and Fournier solely recognized himself as a police officer as soon as the verbal altercation escalated.

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Man Fournier retrieved Pierre Fournier’s badge from his truck, however the off-duty officer instructed his brother to not present it to the kids.

Police had been ultimately known as to the scene because the altercation turned bodily, although Renwick acknowledged there have been inconsistencies about whether or not the combat concerned pushing and shoving or punches.

Renwick dominated the interplay violated {the teenager}’s Constitution rights as he discovered Fournier responsible of discreditable conduct in January.

In an interview with this newspaper earlier than Thursday’s listening to, Fournier denied initiating bodily contact with the 15-year-old and claimed he grabbed the deal with bars of the filth bike and held the teenager there till the group returned.

Fournier stated it was his twin brother who made bodily contact by “pulling the child off me.”

Man Fournier corroborated that account as he additionally appeared at Thursday’s listening to, making the trek from Quebec Metropolis, the place he works as a enterprise supervisor for the Worldwide Brotherhood of Electrical Employees.

“I wished to return and see the celebrities of the s— present,” Man Fournier stated on the outset of the listening to, although his remark was struck from the document by Renwick.

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Each brothers had been initially charged by Ottawa police with assault and mischief, although prison prices had been withdrawn because the Ottawa Crown Lawyer’s workplace deemed it was not within the public curiosity to pursue convictions.

The identities of the youngsters are shielded by a publication ban, which was opposed by Fournier. He additionally objected to the youngsters showing nearly by Zoom on the tribunal reasonably than testifying in particular person.

“These youngsters have been handled with child gloves ever since this factor began,” Fournier stated in an interview final week.

Thursday’s listening to turned feisty at occasions as Renwick cautioned Fournier in opposition to making “private assaults” on the prosecution and members of the Ottawa Police Service, with Fournier lobbing unspecified accusations of misconduct in opposition to unnamed fellow officers.

“There are individuals on this room who’ve executed worse issues,” Fournier stated close to the conclusion of his arguments on Thursday. “They usually know who they’re.”

Prosecutor Vanessa Stewart known as for a penalty that included a 40-day deduction in pay, saying Fournier’s conduct “fell nicely wanting expectations” in the course of the 2021 incident that “tarnished the repute of Const. Fournier and the Ottawa Police Service.”

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Fournier took difficulty with the prosecutor, who erroneously added a penalty of 15 hours’ pay, to be served concurrently, for the cost of insubordination. Fournier was not convicted of that cost, and Stewart shortly withdrew the prompt penalty.

The prosecutor had, at first, prompt Fournier must be docked 40 hours’ pay — the equal of 5 days — however then advised the tribunal she had misspoken and was truly in search of 40 days.

Fournier claimed, in each an interview and through Thursday’s listening to, that the prosecution had beforehand supplied to settle his disciplinary case if he forfeited 18 hours’ pay and took a coaching course on the expectations of off-duty and on-duty officers. Fournier declined that provide, then declined a later settlement supply that known as for 12 hours’ pay and counselling.

“How can we get from 18 hours (forfeiture) to 40 days?” Fournier exclaimed.

Renwick stated he would require a number of weeks to resolve on the penalty.

Fournier, who represented himself on the tribunal and made his arguments Thursday with help from fellow Const. Cedric Nizam, known as for zero pay deductions and demanded letters of apology from the prosecutor and one other senior officer, whereas additionally requesting a face-to-face assembly with Chief Eric Stubbs to elucidate his facet of the story.

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“The massive drawback is Ottawa police have by no means executed their job with these youngsters, and this has been an ongoing (criticism) for those who speak to anyone within the neighbourhood,” stated Fournier, who has been an OPS officer for greater than 20 years.

Fournier learn a number of letters of assist into the document on Thursday, together with one from Tyler Chapman, proprietor of Osgoode Sand and Gravel, a gravel pit adjoining to the property the place the incident occurred.

“We’ve got made common complaints about filth bikers to the police and our native councillors for a minimum of a decade on this property with no decision,” Chapman wrote.

The frequency of trespassing filth bikers “skyrocketed” throughout COVID-related lockdowns, Chapman wrote, with riders “reducing by means of our property each day … The crop injury was intensive.”

Chapman stated he was “surprised” to be taught Fournier, who he knew as a good friend and neighbour, was being charged.

If police had responded to prior complaints, Chapman wrote, “Pierre would by no means have been on this scenario. And publicly disgracing Pierre will do nothing however encourage these filth bikers to trespass and injury my crops … They know that nothing will occur to them.”

ahelmer@postmedia.com

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