A hearing officer has decided Windsor police Const. Dorothy Nesbeth should be fired after being found guilty of deceit and discreditable conduct.
Windsor police released the dismissal decision on Friday afternoon. She had been found guilty by hearing officer Supt. Robert Fitches on Oct.24, 2014.
The 31-page ruling by Fitches sited several factors when considering her dismissal from the force.
“The constellation of facts surrounding the seriousness of the misconduct, the officer’s inability or failure to recognize the seriousness of the misconduct, the damage to the reputation of the police service, the public interest and the destruction of the relationship of trust between Constable Nesbeth and the Windsor Police Service are such that her good work history and other positive attributes as described in the letters of support, her evaluations and her conduct sheets do no provide sufficient mitigation to erase or alter the fact that her usefulness to the Windsor Police Service has been annulled,” Fitches concluded in the disposition.
The document says after a lengthy hearing into allegations of misconduct against her, Nesbeth was found guilty of deceit – by knowingly making or signing a false statement in a record and discreditable conduct - by failing to report the importation of all goods when entering Canada from the United States.
Nesbeth was stopped at the border on July 28, 2010 after Canada Border Services Agency officers say they discovered more than 100 cans of beer, wine and two bottles of rum undeclared in the vehicle.
Fitches found Nesbeth not guilty of a second charge of discreditable conduct, which alleged that Nesbeth threatened a CBSA officer. She has been suspended with pay since being charged under the police act.
She is not facing criminal charges.
On Dec. 6 and Dec. 7, the tribunal convened to receive evidence and submissions on disposition.
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."
