Mayor Keith Hobbs says he would describe the charges of misconduct against a Thunder Bay police sergeant as a witch hunt.
“This shouldn’t have been an issue in my opinion,” said Hobbs, who was the president of the Thunder Bay Police Association in 2009 when the incident in question occurred.
“The whole thing is a misunderstanding,” he told the media after testifying at the second day of the hearing for Sgt. Jim Mauro, who is charged with two counts of misconduct contrary to the Police Services Act.
“I think it’s like treating a mosquito with an elephant gun. I’ve said that all along,” he said.
In a letter to TB Newswatch, former chief Robert Herman clarified it wasn't he who conducted the investigation.
"The investigation that led to these charges was conducted independently by the Toronto Police Service's professional standards unit, who concluded Sgt. Mauro committed misconduct which led to the charges," Herman wrote.
Mauro, suspended with pay since March 26, 2010, is alleged to have forwarded a letter to the Police Services Board that he claimed was written by Hobbs.
The letter allegedly was an appeal by Hobbs, a former police association president, to allow Mauro to apply for promotions while serving a previous suspension.
Neither Mauro nor a legal representative showed up on Wednesday or Thursday for the hearing, which was held at the Valhalla Inn.
Hobbs testified he had spoken several times with Mauro about submitting a Will Say – a summary of what he would say in court – on Mauro’s behalf.
The letter Mauro submitted was not in the usual format a Will Say would be written in.
However, Hobbs told reporters the content of the letter is exactly what he would have testified to.
Initially presented with the letter in the fall of 2009 by another officer, Hobbs said he hadn’t seen the letter before. However, the mayor testified that Mauro told him he had shown him the letter, but he couldn’t recall seeing it.
He had just worked 30 hours straight and was on medication for a lung infection.
“I honestly didn’t remember seeing the letter,” he testified.
“I honestly couldn’t even recall meeting with (Mauro) until he pointed out where I sat. That’s how kind of down I was at that time period,” he later said.
Hobbs has previously called the charges against Mauro a witch hunt and said Thursday he would definitely use those words again.
After Hobbs’ testimony, Ian Johnstone, who represents the Thunder Bay Police Services gave his closing submissions.
Johnstone said that Mauro tried to pass the letter off as having the support of the Thunder Bay Police Association, not just the personal support of Hobbs.
“It was deceitful. It was intended. It was cunning,” Johnstone said.
He also noted Mauro’s failure to appear at the hearing leaves his evidence uncontested.
“No one is here to answer to these charges,” he said.
In a letter given to the media to hearing officer Morris Elbers, Mauro’s lawyer stated his client would not be able to attend the hearing on Feb. 15 due to medical reasons.
The Mauro family issued a statement on Thursday saying it has been confirmed the letter in question is truthful, factual and accurate.
The family said they will have more to say at a later date.
Elbers is expected to make his ruling in the case on March 16.
