For­mer Cape Bre­ton Re­gional Po­lice jailer sen­tenced

Todd El­liot MacKay pleaded guilty to breach of trust

Cape Breton Post - - NEWS - BY CAPE BRE­TON POST STAFF

A for­mer spe­cial con­sta­ble with the Cape Bre­ton Re­gional Po­lice was or­dered Wed­nes­day to com­plete a 12month pro­ba­tion pe­riod af­ter pre­vi­ously plead­ing guilty to a charge of breach of trust.

Todd El­liot MacKay, 45, of Lin­gan Road, was fac­ing four charges but pleaded guilty to breach of trust in con­nec­tion with an in­ci­dent May 6, 2011.

Supreme Court Jus­tice Robin Go­gan im­posed the penalty hav­ing ad­journed the hear­ing for about a month to con­sider a proper sen­tence.

Pro­s­ec­tor Alonzo Wright rec­om­mended a sen­tence of 12- 18 months pro­ba­tion, while de­fence lawyer Bill Burchell sought a con­di­tional dis­charge that would have al­lowed MacKay an op­por­tu­nity not to ac­quire a crim­i­nal record.

“His be­hav­iour made a mock­ery of his oath and brought the ad­min­is­tra­tion of jus­tice into dis­re­pute,” Go­gan said, rul­ing out a con­di­tional sen­tence.

MacKay, who worked as a jailer with the po­lice ser­vice, ad­mit­ted to call­ing the Henry Street Pub on May 6, 2011, and telling a staff per­son not to let any­one in the club smoke be­cause a pro­vin­cial com­pli­ance of­fi­cer was mak­ing the rounds.

MacKay, a fa­ther of two chil­dren, started with the po- lice ser­vice in 2003 and since be­ing charged, was sus­pended with­out pay. A hear­ing will now be con­vened by the ser­vice to de­ter­mine his fu­ture with the re­gional force.

MacKay is now work­ing as a pip­efit­ter in Al­berta.

In her de­ci­sion, Go­gan said MacKay’s ac­tion tar­nished the polic­ing com­mu­nity along with the ad­min­is­tra­tion of jus­tice, adding that such con­duct is not ac­cept­able.

She said MacKay abused his oath of of­fice by pass­ing on in­for­ma­tion he learned through his job to an out­side source.

She also noted that MacKay has no prior crim­i­nal record and that he did not ben­e­fit as a re­sult of his ac­tions. The max­i­mum penalty for such an of­fence is a fed­eral prison term of five years.

A po­lice con­sta­ble was charged with MacKay and pleaded guilty to breach of trust and ob­struc­tion of jus­tice charges.

He was sen­tenced to com­plete a three- month con­di­tional sen­tence. The of­fi­cer has since re­signed from the force.

MacKay

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