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Staff Sergeant McCormick appeals a finding of guilt for one count of neglect of duty contrary to section 2(1)(c)(ii) of the Code of Conduct found at Ontario Regulation 123/98 (the “Code”) and one count of unlawful or unnecessary exercise of authority, contrary to section 2 (1)(g)(ii) of the Code, as well as the penalty of demotion to first-class constable for a period of one year, imposed against him on January 11, 2008 and May 16, 2008 respectively, by Superintendent (retired) Robert J. Fitches (the “Hearing Officer”).
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