BlackburnNews.com file photo of Windsor police headquarters. (Photo by Jason Viau)BlackburnNews.com file photo of Windsor police headquarters. (Photo by Jason Viau)
Windsor

Fired Windsor Cop Appeal Complete

A fired Windsor police officer who has collected $450,000 while suspended with pay had her appeal hearing completed Wednesday.

Now it will take the Ontario Civilian Police Commission 30 to 90 days to make a decision. Nesbeth will remain on police payroll during that time.

Dorothy Nesbeth was fired in December after border officials say she attempted to cross the Ambassador Bridge without declaring a large quantity of alcohol in July 2010.

Speaking for the Ontario Civilian Police Commission, Benson Cowan says the hearing itself doesn't take long

"We wouldn't hear new evidence. We would review the facts of the case and the evidence that was put in at the hearing and assess whether or not the hearing officer made any errors," says Cowan.

If any errors were made, the OCPC can send the matter back to Windsor for a re-hearing. The independent body could also substitute its own decision, which can include reinstating Nesbeth.

Cowan says either side can appeal the OCPC ruling as well.

"To seek what's called judicial review of the decision in the Ontario Divisional Court," he says. "From that, in theory, they could seek leave to appeal in the court of appeal and from that they could, in theory, they could seek leave to the Supreme Court of Canada -- that would be very unusual."

Cowan says it's not uncommon for a review to make its way to the divisional court.

The OCPC heard Nesbeth's appeal Wednesday in Toronto.

The OCPC provides civilian oversight of the police disciplinary process and isn't accountable to government for its decision making.

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