Murdock Hearing Set To Start August 31st

By Robert Thomas

It took less than five minutes by tele-conference but the start date for the appeal hearing into the termination of former Moose Jaw Police Service (MJPS) constable Alan Murdock has been set for August 31st.

The termination appeal hearing in front of hearing officer Jay Watson was granted after Watson decided he had jurisdiction to hear the appeal.

SEE RELATED - Murdock Wins Right To Appeal

Previously Destiny Gibney, who represents the MJPS, had argued since Murdock had voluntarily agreed to be placed on probation in May 2019 he was in fact a probationary officer under the Police Act and as such could be summarily dismissed in June 2019 as unsuitable after a proper investigation was conducted.

The chief of police has the right to dismiss new recruits, who are considered probationary officers, if they are unsuitable for duty.

Representing himself Murdock successfully argued in an April tele-conference that new recruits and long time officers should not be treated the same when it came to what was a probationary member.

Murdock contended probationary members were different than officers on probation. He had almost 30 years of duty in at the time of his termination.

Watson agreed with Murdock's argument.

SEE RELATED - MJPS Argues No Right To Appeal

Watson's decision established legal precedent in Saskatchewan.

Murdock had been summarily dismissed by the MJPS in June 2019. At that time no reason was given for the dismissal.

A set of amended allegations say the former constable provided confidential police information to a so far unspecified unauthorized third party as well as he mislead investigators when he was later questioned about doing so.

The allegations have yet to be proven in front of a hearing officer.

Asked by Watson if the August 31st date allowed him sufficient time to review the disclosure Murdock said it did.

Watson has also rendered a disclosure agreement both parties must abide by. Because he is representing himself Murdock has the right to access all evidence under disclosure but Watson may put realistic limits on that access.

In his remarks Watson said “we still have a pandemic we are working with on how many people are allowed (to attend)…hopefully by then though we have it so as many people who want to attend can appear.”

In speaking to MJ Independent earlier this year Watson said the most likely location for the hearing is Moose Jaw.