Submissions were heard in the Dorothy Nesbeth police act hearing on Tuesday.
The Windsor constable is charged with deceit and discreditable conduct.
Officers with Canada Border Services Agency allege they discovered more than 100 cans of beer, wine and two bottles of rum.
Border officers say all the items were undeclared by the accused at the Ambassador Bridge in July of 2010.
A member of the hearing council wants to cross-examine Nesbeth for a second time.
Inspector John McGuire says customs officers had to re-testify because of lost transcripts from 2010. “: Some of the evidence that Constable Nesbeth gave in her original cross examination wasn't relevant to the testimony to the customs officers. So we felt it was our chance to make it fair for Consable. Nesbeth and the trail that she continue with the cross examination.”
Defence Lawyer, Patrick Ducharme, called the motion unprecedented and grossly unfair.
The decision for cross-examination will be handed down in March.
Officer Nesbeth has been suspended the past three years from the Windsor Police Service with pay.
