Canada: PTSD on trial

Ottawa officer convicted of theft reinstated to force
Andew Seymour, The Ottawa Citizen
Published: Wednesday, April 23, 2008
OTTAWA - An Ottawa police officer suffering from post traumatic stress disorder who was ordered dismissed after being criminally convicted of theft and uttering threats has been reinstated to the force.

In what could be a precedent-setting decision, the Ontario Civilian Commission on Police Services overturned a hearing officer's ruling and determined that Const. Alec Moraru's conduct when he stole several items from a Barrhaven Loblaws before threatening a security guard should not cost him his job.

In their 16-page decision, the civilian commission concluded that Terence Kelly, the hearing officer who ordered Const. Moraru dismissed, committed an "error in principle" when he "failed to consider whether PTSD was a mitigating factor in this isolated incident."

"It is our view that the hearing officer cannot first accept the PTSD diagnosis, and then reject the adverse effects of the PTSD on (Const. Moraru's) behaviour," the commission ruled.

Both Const. Moraru's criminal trial and disciplinary hearing heard evidence from several doctors that the officer was suffering symptoms of post traumatic stress disorder when he stole cheese, chocolate bars and shaving cream from the grocery store in December 2004.

According to evidence presented during trial and the disciplinary hearing, the post traumatic stress was linked to the on-duty suicide of an officer Const. Moraru was coaching. Const. Moraru testified he was later forced to accept responsibility for the officer's death.

The commission also found the hearing officer failed to consider the constable's guilty plea to the Police Service Act charge as a mitigating factor when he ordered Const. Moraru dismissed.

The commission instead ordered that Const. Moraru be demoted from his current position as a first-class constable to a third-class constable.

He must also attend monthly therapy sessions, with the police service receiving written reports from his psychologist relating to his ability to safely perform his duties as a police officer every three months.

If he refuses to participate in the therapy sessions, Ottawa police will be entitled to prosecute him under the Police Services Act and seek his dismissal from the force.

While recognizing that Const. Moraru's misconduct was "serious", the commission felt that the crimes represented a "singularly uncharacteristic act of frailty undertaken while he was suffering from an illness developed during the course of his employment."

© The Ottawa Citizen 2008

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