The Office of the Police Complaint Commissioner (OPCC) has ordered a review into the demotion of a retired Victoria officer who's alleged to have shared confidential information.
Former sergeant Peter Gill asked the civilian-led police watchdog agency to look into the decision to reduce his rank, a ruling that came after VicPD found he disclosed confidential, unredacted documents to the media.
While that allegation was substantiated through an investigation ordered by the OPCC, that inquiry was done in-house by a Victoria police investigator.
In a Friday (Aug. 9) notice announcing it's review, the watchdog said Gill asserted the matter should've been referred to an external party. He also claimed that another VicPD investigator, who substantiated the investigation's findings, exhibited bias and discrimination.
As he faces a demotion to constable, Gill told the OPCC that the discipline he received was inconsistent with penalties handed down in similar cases.
Victoria police told the watchdog the documents that were shared with the media contained private and non-disclosable information. That included the identities of four police members, as well as third parties a "vulnerable affected person." The shared material was a final report from a historical Police Act investigation that included allegations against VicPD members.
The OPCC commissioner in March 2023 ordered an investigation into the officer, who was later identified as Gill, over the alleged neglect of duty in relation to releasing the confidential information. Gill retired from the force about one month after he was officially named in the investigation.
Police members have a right to a review when they face dismissal or a demotion. In these sorts of cases, the Office of the Police Complaint Commissioner has the option of ordering a public hearing or a review where a retired B.C. judge weighs all the evidence.
The watchdog's commissioner determined this Gill's case didn't warrant a public hearing and tasked retired provincial court judge James Threlfall to conduct the review.
Gill noted several aspects of the investigation should've been delayed due to his health issues. His review request stated that, assuming he's healthy, he'll look to add to the evidence record.
Commissioner Prabhu Rajan wrote in his decision that the retired officer has not yet denied the alleged misconduct and that VicPD's investigation made efforts that would allow Gill to provide additional evidence or statements.
"The investigative record in this matter is thorough and complete, notwithstanding the fact that the Member (Gill) has not provided evidence responding to his alleged misconduct," Rajan wrote. "In this regard, it appears that multiple attempts were made to accommodate the member and facilitate his participation."
