Const. Thomas McKay's sex misconduct hearing put over to April

Written By Unknown on Selasa, 24 Maret 2015 | 22.46

A Hamilton police officer who is alleged to have engaged in sexual activity with a woman he met while working a paid duty shift in Hess Village had his Police Service Act hearing put over to mid-April Tuesday morning.

Const. Thomas McKay, a 20-year-veteran police officer, is facing four counts of violating the Police Services Act including: two counts of discreditable conduct, one count of corrupt practice and one count of insubordination.

The events stem from a July 2014 incident when McKay allegedly engaged in sexual activity with a woman he met while working a paid duty shift — his lawyer previously said he believes it was during work in the Hess Village area.

Last April, McKay had been demoted for a separate incident, when he pleaded guilty to two counts of discreditable conduct for receiving oral sex from a sex worker and then lying that she was an informant when another officer caught him.

The $20 encounter with the woman cost the officer $40,000 in lost salary.

During Tuesday's brief teleconference, Hamilton police counsel Marco Visentini said he and McKay's lawyer, Gary Clewley, needed to have more discussion about the matter, and put the proceeding over to April 13.

"We're going to try and resolve this one," Clewley said.

Clewley, who also defended McKay during his last misconduct hearing last spring, previously said the officer's job could be at risk.

"I think his job is in jeopardy because they're asking for it," Clewley said.

The two penalties listed in the document outlining the accusations say the punishment could be demotion or dismissal.

The notice of hearing states McKay is accused of "engaging in sexual activity with a member of the public that you met at a Paid Duty," and "using your position and office as a member of the Hamilton Police Service for personal purposes."

McKay also committed insubordination, the document alleges.

"You without lawful excuse, disobeyed, omitted or neglected to carry out a lawful order by not making notes about the transport of a member of the public to her personal residence at the end of a Paid Duty," it states.

The city requires bar owners in the Hess entertainment district to pay for extra police officers to patrol the neighbourhood during busy party hours in an effort to cut down on trouble in the area.

It's not clear where exactly the sex took place, or if it was during the shift.

McKay is not facing any criminal charges.


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