HEARING OFFICER RECUSES HIMSELF FROM CASE

Niagara Regional Police Insp. George Bench recused himself from the case of an officer who pleaded guilty to a charge of discreditable conduct.

Const. Joseph Nardilli pleaded guilty at a Niagara Regional Police Services disciplinary tribunal Jan. 13 to the Police Services Act charge, stemming from his March 2014 criminal conviction for unlawfully being in a dwelling house.

He was originally charged with criminal harassment, making harassing phone calls, break and enter, being unlawfully in a dwelling house and forcible entry. Four of those five charges were dropped.

He pleaded guilty to unlawfully being in a dwelling house in the Ontario Court of Justice and was given a conditional discharge and probation for one year.

In a highly unusual move, in February Bench rejected a joint submission that would have seen Nardilli forfeit up to 38 hours pay.

Although Bench was prepared to hand down a more severe penalty, he put the case over until April to give Nardilli’s lawyer and the service prosecutor time to issue a new recommendation.

On April 14, Nardilli’s lawyer, Leanne McClay, asked Bench to remove himself from the case, in part because Bench had unintentional contact with the victim, which could cause a perception of bias against Nardilli.

Bench had explained he had been asked by his administrative assistant to return a call from a woman he believed was someone he knew. In doing so, it quickly became evident, Bench said, that the woman was not the person he knew but rather the victim. He said he told her he could not talk about the case, and directed her to call prosecutor Insp. Cindy White if she wanted to relay further information.

While he said Tuesday he was confident the contact with the victim would not prejudice him, Bench nevertheless recused himself from the case, noting the brief contact could be viewed by others as being prejudicial.

The matter was put over until Aug. 11, when a new hearing officer will preside over the case which, White said, could result in the process beginning anew.