City police officer avoids criminal record for domestic dispute charges
CBC
A Fredericton police officer will not have a criminal record for offences he committed during a domestic dispute, provided he follows court-ordered conditions.
Colin Holmes, 26, pleaded guilty in February to charges of assault against his former spouse, Deidra Wheeler, and unlawfully being in her Hanwell home.
In February, he entered those pleas before provincial court Judge Mélanie Poirier LeBlanc, who decided to have a judge from outside the Fredericton area oversee the rest of the process because of Holmes's job as a police officer.
Woodstock Judge Brian C. McLean presided over the sentencing Thursday by video-conference and ultimately decided to issue a conditional discharge.
This means Holmes will not have a criminal record — but he must follow the conditions set by the court, including having no contact with Wheeler or her children.
"There is … no reason to believe Mr. Holmes requires a punitive sentence of incarceration, served in the community or otherwise, to specifically deter him from re-offending," the judge said. "There's no reason to believe he would.
"From all accounts this is a one-off and isolated event."
The Criminal Code says the court can use that option when an accused person pleads guilty, and a discharge, rather than a conviction, would be in the best interest of the accused and not against the public interest.
The Crown was seeking to have Holmes serve a conditional order of four months, with two months under house arrest and two months with a curfew, followed by 12 months on probation.
The judge said a conditional discharge is Holmes's best interest.
"This court does not know what will happen with respect to Mr. Holmes's future police career," he said. "How his employer treats this matter following sentencing is entirely up to them."
Holmes is currently suspended without pay, after about four months of being on paid suspension, said Fredericton Police Force spokesperson Megan Barker.
Another spokesperson, Sonya Gilks, declined to comment on Holmes's employment status, citing an investigation by the New Brunswick Police Commission.
According to the commission, Holmes is scheduled for an arbitration hearing on Aug. 29 and 30. That proceeding will determine what, if any, discipline Holmes will face under the Police Act.
WARNING: This story details allegations of child abuse.
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