Hamilton cop should be fired because ‘he will continue to do whatever he wants and won’t be stopped’: prosecutor
A disgruntled cop found guilty of discreditable conduct should be fired because he is remorseless, cannot be rehabilitated and his usefulness as a police officer has been spent," argues the prosecutor on his disciplinary case.
Const. Paul Manning has demonstrated such extreme" behaviour that he can not be trusted as a police officer, says prosecutor David Migicovsky.
The former undercover officer's use of Twitter has put a politician's safety at risk, and violated his privacy and the privacy of another police officer. It has disrespected the Hamilton Police Service and the Police Services Act disciplinary process, and it has disobeyed an oath of secrecy, the hearing heard.
He has demonstrated offensive behaviour. Disrespectful behaviour. Petulant behaviour," says Migicovsky. He will continue to do whatever he wants and won't be stopped."
Last November, Manning was convicted of eight counts of discreditable conduct, in part for tweeting secret police intelligence information about city councillor Sam Merulla's connection to a Mob investigation.
He repeatedly posted to Twitter a photo from an intelligence probe called Project Scopa, which focused on organized crime in Southern Ontario. It shows a head shot of Merulla alongside notorious crime boss Pat Musitano and his brother Ang Musitano, both now deceased.
Repeatedly, Manning implied Merulla has criminal ties and was targeted in a police project.
The guilty decision by hearing officer Greg Walton, a retired OPP superintendent, confirmed the Scopa photo is authentic.
But that does not mean Merulla was suspected of criminal activity. He has never been charged.
In Friday's Zoom disposition hearing, the only submissions were from Migicovsky. Manning refuses to participate in what he calls a corrupt" process.
It is unclear if Manning was among a dozen or so observers at the virtual hearing.
Immediately after the hearing, Manning posted this on Twitter: So I'm about to get fired for whistleblowing. I expected it sooner, rather than later. If you're thinking about blowing the whistle,' especially against government agencies don't. They will destroy you."
Manning claims a colleague revealed his identity while he was undercover and he was beaten as a result.
He has been off the job longer than he was on it. He was hired in 2005 and went off on a medical leave in 2013. In correspondence with the hearing, Manning has referenced his mental-health issues. However, he never formally acknowledged those issues during the hearing process.
In March 2015, he was suspended with pay after being charged with threatening a lawyer and improper storage of a firearm. The charges were later withdrawn and Manning agreed to a peace bond and firearm ban.
Merulla was absent from Friday's hearing. Through his lawyer, he asked the media not to contact him.
Besides convictions relating directly to the Scopa tweets, Manning was also convicted for: tweeting that Merulla was being openly and unfairly critical of the LGBTQ community, yet is the biggest (expletive) in the city"; posting photos of homes Merulla owns and stating he would do a background check on the councillor's wife; posting an Office of the Independent Police Review Director (OIPRD) complaint filed by Merulla with the caption You can all go f--- yourselves!'; posting a rant that an OIPRD document was sent to his home; and tweeting the street on which a police officer investigating him lives.
The hearing heard about emails Manning sent to Migicovsky, who said he tried to give Manning every opportunity to participate in the process. In one email to the prosecutor, Manning threatened to have him criminally charged with harassment for sending details about the Zoom hearing.
Migicovsky argues Manning fulfils the requirements for a dismissal to take place.
He has shown no remorse. He did not plead guilty or apologize. After his conviction, he reposted some of the Twitter photos he was convicted for.
One tweet said: They can charge me all they want. I'll never stop."
The prosecutor suggests there is no rehabilitative potential," another criteria for dismissal.
Manning's actions have tarnished the reputation of the Hamilton police, Migicovsky says. He has no qualms about disseminating confidential information" and he seems to delight in harassing members of the public and harassing and intimidating members of his own service."
How can he serve victims while creating victims himself?"
Discipline has not been a deterrent because he doesn't respect this process and he doesn't respect his employer ... He wants to operate outside the system," says Migicovsky.
Walton reserved his decision on Manning's penalty. But soon the rogue cop could be permanently operating outside the system, less his paycheque.
Susan Clairmont is a justice columnist at The Spectator. sclairmont@thespec.com