ORILLIA, Ont. - Allegations of political interference, conflict of interest and abuse of process surfaced at a messy professional misconduct hearing Wednesday involving Ontario's blunt-spoken top cop.
A lawyer for Ontario Provincial Police Commissioner Julian Fantino requested the hearing adjudicator step down, alleging bias, and threatened to go to the courts if he didn't.
Lawyer Brian Gover also said he had the support of the Ministry of the Attorney General for an appeal if the adjudicator, Justice Leonard Montgomery, decided against recusing himself.
At issue are comments Montgomery made last month which Gover maintained could give rise to the perception the arbiter had already decided Fantino's credibility was suspect.
"This tribunal has made inflammatory and highly prejudicial allegations . . . in the absence of any evidence of misconduct by Commissioner Julian Fantino," Gover said in his submissions.
Julian Falconer, who is defending the two senior officers Fantino charged under the Police Services Act, expressed dismay at the turn of events.
From the outset, Falconer has maintained his clients were victims of a "political prosecution" - a view he said was reinforced by the latest development.
"What is one to think now?" Falconer said. "An attorney general has weighed in before a decision has been rendered."
Falconer called it "stunning" the attorney general was involved at this stage.
In contrast to Gover's assertion, a ministry spokesman denied that any decision had been made to support a review. Gover had made a request for that backing but that's as far as it went, said Brendan Crawley.
A spokesman for Attorney General Chris Bentley said the minister had no part in any of the proceedings.
Montgomery himself was taken aback by Gover's approach.
"Sometimes you wonder if that's proper conduct," Montgomery said.
"That's like telling a judge in a criminal court, 'If you do not give me a dismissal, I'm going to appeal."'
Supt. Ken MacDonald and Insp. Alison Jevons are accused of neglect of duty and deceit relating to an investigation they conducted into a complaint about another officer caught up in a domestic dispute.
At one point during the Oct. 17 hearing, Fantino appeared to change his testimony after a lunch break, raising questions about whether he had been tipped during the recess to apparent discrepancies in his evidence.
"It's upsetting and it's something I'll have to deal with when I come to do my thing," Montgomery said when Falconer raised the issue that day.
On Wednesday, Gover said those remarks amounted to accusing Fantino of professional misconduct.
He cited news accounts of those comments as evidence Montgomery had left a "stain" on Fantino's reputation. Prominent libel lawyer, Julian Porter, who is acting as Fantino's new independent counsel, watched the proceedings for the first time.
Both Falconer and Montgomery pressed Gover to explain the Attorney General's support for Montgomery recusing himself.
Gover responded by naming senior ministry lawyers with whom he had spoken about the issue.
Falconer pointed out the government lawyers had also acted for the deputy minister and witnesses in the prosecution against his two clients.
"That is offensive," Falconer said.
"Is there no notion of conflict of interest in these proceedings?"
Falconer maintains the charges were laid because Fantino was convinced MacDonald had leaked restructuring plans in the fall of 2006, and to appease the police union.
In his testimony last month, Fantino denied acting vindictively or politically.
He said his comment to a colleague about "executing" the alleged source of the leak was intended to be humorous.
Montgomery adjourned the hearings until Nov. 10 so Falconer can argue the adjudicator had shown no signs of bias.
