15 | durhamregion.com | This Week | Thursday, November 24, 2022 | A police officer has been found guilty of leaving the scene of an accident that left a motorcycle rider from Pickering grievously injured, but was acquitted of other charges, including impaired driving. In a recently released ruling, Superior Court Justice Jonathan Dawe found that while it had been proven Nathan Coates left the scene of the 2019 crash, the Crown had not proven a charge of dangerous driving causing bodily harm. A charge of driving while exceeding the legal blood alcohol limit was effectively defeated earlier in the proceeding when Dawe found that Coates's Charter rights were breached at the time of his arrest and ruled breathalyzer data inadmissible, the ruling notes. The collision occurred on the evening of Sept. 29, 2019 on Hwy. 7 near York-Durham Line when Coates's SUV crossed the centre line and collided with a motorcycle ridden by Stuart Sweeney, 26, who at the time lived in Pickering, the ruling says. Sweeney was seriously injured -- he later lost a leg, the judge noted -- but managed to call 911. Coates drove almost four kilometres from the scene of the crash until his badly damaged Nissan SUV broke down and the Oshawa man was arrested at the side of the road by York Regional Police. During the trial court heard evidence that Coates had been participating in a slo-pitch baseball tournament in Markham during the day with his team, dubbed M.L.D. -- "Major League Drinkers" -- arriving shortly after noon and leaving around 7 p.m. During that time, he drank rum mixed with Gatorade and beer, but did not show signs of impairment, according to witnesses. Data retrieved from Coates's vehicle indicated he was travelling in excess of the speed limit and using a phone prior to the crash, the ruling notes. In the ruling Dawe said that in spite of testimony from an officer who claimed Coates exhibited signs of impairment after the crash, the totality of evidence presented during the trial didn't prove that was the case. The judge noted an officer who testified Coates was impaired was a "problematic witness" who was "defensive and combative" on the stand. The judge also found the officer may have been affected by "confirmation bias" at the time of the incident. "I also think that there is a substantial risk that (the officer's) observations and recollections were influenced by confirmation bias. Based on the radio reports ... heard while he was driving to the scene, he was expecting to find a drunk driver," the judge commented. "I am satisfied that even before he got to where Mr. Coates's SUV was parked at the roadside, he had already decided that he would arrest the driver." Those findings left doubt about Coates's guilt on the impaired charge, Dawe said: "I am not satisfied that this evidence, considered cumulatively, permits me to find on the high criminal standard of proof that Mr. Coates was impaired by alcohol at the time of the accident." Breathalyzer evidence gathered during the investigation was excluded earlier in the proceeding after the judge ruled police committed a breach of Coates's Charter rights. A sentencing hearing is set for January. OFF-DUTY COP CONVICTED OF LEAVING SCENE OF ACCIDENT JEFF MITCHELL jmitchell@ durhamregion.com NEWS OFFICER FROM OSHAWA ACQUITTED OF OTHER CHARGES, INCLUDING IMPAIRED DRIVING York Regional Police Const. Nathan Coates shielded his face from public view as he entered Newmarket Courthouse during his trial last summer. Jeremy Grimaldi/Metroland A Durham police officer who distributed the chief's email address in an effort to whip up support for his wife as she faced disciplinary charges related to last winter's Freedom Convoy protest in Ottawa has been docked 60 hours of pay after being found guilty of discreditable conduct. Const. Clay Harnum's actions, which resulted in a flood of emails to Chief Todd Rollauer, clearly ran afoul of the service's policies, hearing officer Morris Elbers said in a decision released Nov. 16. Harnum displayed "a total lack of professionalism, judgment and courtesy" in taking to social media to express his dissatisfaction with action the police service took against his wife, Durham Const. Erin Howard, Elbers said. "The rank structure within the Durham Regional Police Service is the backbone of the organization," Elbers, a retired police officer, said. "It must be respected." Harnum pleaded guilty in October to a charge of discreditable conduct. He was charged by the service after a social media post he made in early 2022, according to the decision. Harnum took to social media after his wife was charged under the Police Act for posting a Facebook video that expressed support for demonstrators as they converged on Ottawa to protest COVID-19 measures imposed by the government. That protest became a siege of the city that led to the federal government invoking the Emergency Measures Act to allow police to disperse protesters. Harnum's Instagram post featured a picture of Howard in her uniform and an exhortation to supporters: "Freedom is essential!" it read. The post urged supporters to send messages to Chief Todd Rollauer, and provided his email address. Although Harnum had 118 followers at the time of the post, Rollauer eventually received more than 500 emails about Howard, the decision says. That flood of messages prompted Durham police to conduct a "threat assessment," Elbers noted. Elbers found that the Instagram post breached a Durham police policy that prohibits officers from jeopardizing the integrity or reputation of the force, or the safety of its members. He also concluded the post echoed far beyond the reaches of Harnum's own circle of followers. "Const. Harnum unleashed an Instagram that had 118 followers, however all those followers had followers," he wrote. "The waste of time that was created in the chief's office to address the emails and then forward them for investigation is certainly an aggravating factor to consider." The tribunal officer also found that while Harnum acknowledged his actions were problematic, he failed to show remorse. "I am not confident that ... Harnum has learned from his indiscretion and that he is fully prepared to take responsibility for his actions," Elbers wrote. "The conduct exhibited by this officer while on duty in Durham Region will cause damage to the reputation of the Durham Regional Police Service." Harnum's 23-year record with the service is otherwise unblemished by disciplinary lapses, Elbers noted in the decision. "His emotions as a husband superseded his professionalism as a police officer," the hearing officer commented. Harnum's wife, Erin Howard, is charged with discreditable conduct, insubordination and breach of confidence. Her hearing is scheduled for early December. DURHAM COP DISCIPLINED FOR SOCIAL MEDIA POST JEFF MITCHELL jmitchell@ durhamregion.com I am not confident that ... Harnum has learned from his indiscretion and that he is fully prepared to take responsibility for his actions. - Hearing officer Morris Elbers