After four years of legal proceedings, arguments in the Police Ace hearing for Windsor police Const. Dorothy Nesbeth are finally complete.

Nesbeth was convicted in October on Police Act charges of deceit and discreditable conduct for making false statements to border officials and for failing to declare a quantity goods.

Over the weekend, lawyers on both sides made their case for the future of the officer.

Lawyers for the Windsor Police Service are asking for Nesbeth's complete dismissal from the force, but defence lawyer Patrick Ducharme wants her to return to her job with conditions.

In a tearful submission Nesbeth made a final plea to keep her job, "I apologize sincerely to the Windsor Police Service and citizens, my children, family and friends for any negative actions my behaviour on July 28th caused...[At] no time did I ever think that my behaviour on the 28th of July would ever get to this point."

On that day in 2010, Nesbeth was stopped at the Ambassador Bridge and customs officers said they seized a large amount of beer, wine and spirits - none of which had been declared.

While criminal charges were later dropped, the Police Act proceedings continued.

Nesbeth says she wishes she had answered differently, "In retrospect, I should have assumed all questions asked were directed at me as the driver. I should have answered for everyone in the car...This was an isolated incident and it will never happen again. It's not a true reflection of my character in its totality at all."

Because of the nature of the offence that that it happened while Nesbeth was off-duty, Ducharme argued for leniency.

"We've asked for a penalty that...would maybe demote officer Nesbeth for a certain period of time. It would cost her financially, but it's short of dismissal and she would remain with the [Windsor Police Service]."

But prosecutor David Migicovsky argued that her deceit has continued and put forward testimony from a police superintendent that she is no longer employable.

"Perhaps if it was one incident, we wouldn't be here today asking for dismissal."

He added that she doesn't have the ability to reform and that remorse is necessary to return to work, "What's an employer to do when that essential bond of trust is gone?"

The hearing officer will now consider the case and release a decision on Dec. 19.

Question of suspensions

The case has renewed calls for changes to the 'suspension with pay' policy under provincial law that allows an officer facing criminal or Police Act charges to continue to collect a salary.

Nesbeth, who has been off work for about four years, has collected about $370,000 during that time.

Windsor police Chief Al Frederick explains, "We are hearing the criticisms and concerns of the community, and I would only ask that the community understand that as chief of police and a police service, we are subject to the law."

Frederick is part of the Ontario Association of Chiefs of Police, which passed a resolution in June asking the province to change the legislation to give chiefs more option.

"It would be something less than total pay while under suspension, so there will be some changes in that regard, whether it's time periods that are built in so deal with it in a certain time period, or your pay could be suspended."

Ed Parent with the Windsor Police Association agrees, to a certain extent, "There have to be a very serious, egregious complaint...some of the discussion has been that it has to be an indictable offence."

And both agree the length of Nesbeth's case is rare, with much of the delay due to missing evidence.

The police association says Nesbeth wanted to work while her case was being heard, but the chief didn't want her back at work.

Frederick says he can't comment on why that decision was made, since it is still before the hearing officer.

There are cases where the chief does allow an officer facing charges to continue to work.