Exclusive – 19 Discreditable Conduct Charges Against Cobourg Police Officer Withdrawn

Pete Fisher
5 years ago
• Categories: Editor Choice, Local

Today’s Northumberland has learned 19 Police Service Act charges against a Cobourg Police officer have been withdrawn.

Cobourg Police Chief Paul VandeGraaf confirmed to Today’s Northumberland on Tuesday, October 22, 2019 the 19 discreditable conduct charges resulting from former Cobourg Police Chief Kai Liu’s “Chief’s Complaint” against Constable Amy Matthijsse were withdrawn.

“The preliminary inquiry done by the Ontario Civilian Police Commission revealed there was a flaw in the process that Chief Liu followed and as a result they felt that the charges needed to be withdrawn.”

The charges were withdrawn during a conference call on Friday, October 18, 2019 by VandeGraaf.

“There is a process that has to be undertaken to resolve matters, but that’s an HR (Human Resources) issue.

VandeGraaf said that as the issue is in the hands of Human Resources he could not speak about it publicly.

Whether there will be another investigation is up in the air at this point.

“It’s another process, that’s an HR process and I don’t want to get into the middle of it. If there is going to be any other process that will be public it will be made public. We’re treating like an HR issue and out of respect for our member we don’t discuss these publicly.”

“Obviously with the charges withdrawn the suspension is withdrawn as well.”

Matthijsse was on medical leave starting in August 2017, and was served notice in May 2018 there was an investigation regarding her conduct.

On July 12, 2018 Matthijsse was charged with 19 counts of discreditable conduct and she was ordered to appear for the initial hearing in Cobourg on July 20, 2018 where the charges were read aloud.

In April 2019, Matthijsse was suspended, but said she continued to be on medical leave.

And on October 18, 2019 all charges were withdrawn by the prosecutor by order of Chief VandeGraaf.

Today’s Northumberland has learned in a letter dated August 29, 2019 to Constable Matthijsse the Ontario Civilian Police Commission stated, “the conduct which concerns the Commission is that Chief Liu either:
1. Failed to ensure his complaint was investigated as required by s. 76 of the PSA (Police Services Act
or
2. Failed to
a) get approval from the Cobourg Police Services Board to have the Durham Regional Police Service investigate and report on the complaint regarding Constable Matthijsse’s conduct and
b. notify the Commission as required by s 76(4) of the PSA.”

The Ontario Civilian Police Commission stated in the document there was a failure to comply with statutory requirements under the Police Services Act.

“Either in terms of failing to have his complaint against (Constable Matthijsse) investigated, as contemplated under s.76, or failing to obtain approval from the Board and notify the Commission.”

“The Commission views either of the above failures as potentially fatal to the procedural legitimacy of the Chief’s complaint going forward.”

The Commission found that former Chief Liu’s actions “were likely inadvertent and based on a misunderstanding of his responsibilities under the PSA, rather than any intentional breach of these responsibilities. The Commission has therefore, decided that education is what is required rather than any possible discipline.”

Chief Liu left the Cobourg Police Service on September 1, 2019 and is Chief of Treaty Three Police Service in Northern Ontario.

Reached by phone on Tuesday evening, Constable Matthijsse stated, “I’m unaware of any changes with respect to my suspension. I’ve had no contact with my service or association with regards to my suspension being withdrawn.”