The case involving a Hamilton Police sergeant convicted of Police Services Act charges for two separate incidents – slapping her cousin while he was in custody and pushing a prisoner – is making its way through the judicial review process.
Sergeant Helena Pereira was seen on security camera footage in February 2013 slapping her cousin in the face after his arrest on drug charges. She was convicted of discreditable conduct in that incident. Pereira was also convicted of using unnecessary force and insubordination in connection to pushing a drunk prisoner into her cell while not in her police uniform. Those convictions came in July 2015.
Pereira and her representation accused bias in the case, arguing hearing officer Morris Elbers should have recused himself for going to lunch with prosecutor Gary Melanson. That bias motion was dismissed in January 2016.
During a conference call today, Joshua Phillips, a lawyer representing Pereira, said the review has been filed and a hearing date is usually scheduled within two to four months.
A judicial review is heard in a divisional court, where a judge will rule on whether any mistakes were made by hearing officer Elbers.
If the judge rules in Pereira’s favour, it is possible the entire case could start from the beginning. If the judge rules against Pereira and her convictions are upheld, Hamilton Police Association representative Brad Boyce has previously told CHCH News he believes the penalties Pereira will receive will be minimal, likely a monetary penalty or more training.
The next Police Services Act conference call is set for September 9.
