Hamil­ton sergeant’s ap­peal of dis­ci­plinary case dis­missed

The Hamilton Spectator - - LOCAL - NI­COLE O’REILLY nor­eilly@thes­pec.com 905-526-3199 | @Ni­coleatTheSpec

A Hamil­ton po­lice sergeant who ap­pealed her dis­ci­plinary case to court has had her ju­di­cial re­view dis­missed.

The court de­ci­sion means that Sgt. He­lena Pereira’s sen­tenc­ing will go for­ward.

Pereira, who was found guilty of sev­eral dis­ci­plinary charges, had ac­cused the hear­ing of­fi­cer, Mor­ris El­bers, of bias be­cause he shared pizza with the pros­e­cu­tor, Gary Me­lan­son, and an in­ves­ti­ga­tor dur­ing the hear­ing.

El­bers re­fused her re­quest that he re­cuse him­self.

Pereira then ap­pealed to court for a judge to de­cide.

On Feb. 6, the court dis­missed that ju­di­cial re­view, not on its merit, but as be­ing “pre­ma­ture,” a Po­lice Ser­vices Act tele­con­fer­ence on the case heard Wed­nes­day.

With the ap­peal dis­missed, Pereira now goes on to the sen­tenc­ing phase.

In July 2015, Pereira was con­victed of three mis­con­duct charges for push­ing a drunk pris­oner into a cell, tak­ing charge when she shouldn’t have, and not im­me­di­ately dis­clos­ing a con­flict of in­ter­est when her ar­rested cousin was brought into the cell area where she was a su­per­vi­sor. The in­ci­dents took place in 2013. The dis­ci­plinary case re­sumes May 4 for sen­tenc­ing sub­mis­sions at the Hamil­ton Po­lice Ser­vice cen­tral sta­tion.

Pereira: three mis­con­duct con­vic­tions

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