Calgary cop 'happy' after being found not guilty of stealing seized marijuana

A Calgary police officer who took a bag of seizedmarijuana home has been found not guilty of all charges but says he's not sure if he wants to return to work after being treated "pretty poorly" by the service.

Robert Cumming, 44, was acquitted of charges ofbreach of trust, theft under $5,000 and possession of a controlled substance, accused of taking an ounce of marijuanato his house instead of logging it as property at the district office.

• Cop who took bag of marijuana home just a 'lazy police officer,' lawyer argues

As Cumming walked out of the Calgary Courts Centre on Tuesday, the constable wasasked if he would would bereturningto the Calgary Police Service.

"I'm not sure if I really want to," said Cumming before explaining hefeels he's been treated poorly.

"I don't want to say too much right now.I'm happy."

Last year, Cummingwas set up in a sting whenhe was given a backpack full of marijuana by an undercover officer.

Police then and observed him taking it home; first putting it in a garbage can in an alley behind his house and then, hours later, surveillance officers watched as he retrieved it and brought it inside.

It was that first step of placing the marijuana in the garbage outside his home that left provincial court Judge JerryLeGrandeurwith reasonable doubt.

LeGrandeursaid if Cummingwas taking the marijuanahome for the purpose of using it himself, he would likely have brought it in his house right away since hedidn't know he was being watched by a surveillance unit.

"I can not conclude beyond a reasonable doubt that he intended to keep the marijuana for personal use," saidLeGrandeur.

Former partner also facing charges

Cumming's lawyer, PaulBrunnen,painted his client as a "lazy police officer" who didn't want to get caught up in 90 minutes of paperwork by bringing the marijuana to his district office for processing.

During his testimony, Cumming saidhe had no plans to use the pot himself despite the fact he smokes fordepression, anxiety andinsomnia but didadmit to breaching policy when he took the backpack of marijuana home.

Cumming initially came onto police radar as CPS wasinvestigating several other officers for corruption-related offences. Text messages between Cummingand his then-partnerConst. Bryan Morton were intercepted, promptinga separate, seven-month investigation.

Morton and five others mostly current, former and civilian CPS members are facing unrelated allegations ofcorruption, harassment and breach of trust.

Cumming was suspended from duty without pay pending the outcome of his trial. CPS will now review that status.

In a written statement to CBC News, CPS said its professional standards unit will now conduct an in-service investigation
"to determineifthere were any contraventions under the Police Act."

"[The service] respects the judicial process and today's decision by Judge Jerry LeGrandeur."