New Brunswick

Ex-Fredericton cop loses appeal of firing over alleged shoplifting

A former Fredericton police officer who was fired after being accused of shoplifting in Maine has lost her appeal of the firing.

Cherie Campbell was dismissed in January 2016 after arbitrator found her guilty of discreditable conduct

Cherie Campbell has also been ordered to pay costs in the amount of $2,000. (CBC)

A former Fredericton police officer who was fired after being accused of shoplifting in Maine has lost her appeal of the firing.

Cherie Campbell was dismissed in January 2016 after an arbitrator in a New Brunswick Police Commission disciplinary hearing ruled she was guilty of discreditable conduct in relation to an alleged attempt to steal $20 worth of makeup from a store in Houlton, Maine.

The arbitrator also found her guilty of trying to gain favour by telling Maine police she was a police officer.

The jury in Campbell's shoplifting trial in Maine did not reach a unanimous verdict on whether she tried to steal $20 worth of makeup from a Houlton shop on Dec. 2, 2014. The case was settled out of court without a finding of guilt or innocence.

The arbitrator's ruling in support of Campbell's firing was upheld in December 2016 by a Court of Queen's Bench judge, and her appeal was heard by the New Brunswick Court of Appeal last November.

In a decision Thursday, Justice Bradley Green said he found "no basis for appellate intervention."

Campbell's argument in her appeal was that the lower court erred when it determined the police commission arbitrator was reasonable in finding she tried to use her position as a police officer to influence the outcome of the situation.

Campbell's lawyer also argued the lower court judge erred in ruling the arbitrator was reasonable in deciding that dismissal was reasonable.

Within range of 'rational' outcomes

"In my view, considering the evidentiary record and the standard to which police officers are held, it cannot be said termination of Ms. Campbell's employment fell outside the range of acceptable and rational outcomes to the disciplinary process,"  Green said in his decision.

"Accordingly, I would dismiss both grounds of appeal."

Green also ordered Campbell to pay costs in the amount of $2,000. 

now