Arbitrator reserves decision on whether Bathurst shooting hearing should continue

An arbitrator will issue a written decision in coming weeks on whether the hearing for two Bathurst police officers involved in the fatal shooting of Michel Vienneau will continue.

Jol Michaudopted to take more time to decide whether the Bathurst chief of police has presented enough evidence for the hearing to proceed to the next step, which could see the officers testify.

There's no date set for when the ruling will be issued, but lawyers agreed that should the officers need to testify, they would meet Nov. 4 and again Nov. 22 if necessary.

The hearing arose after the shooting death of Michel Vienneau at the Bathurst train station on Jan. 12, 2015. Police were waiting for him at the station based on two Crime Stoppers tips the 51-year-old Tracadie man was trafficking drugs. The tips were false.

A complaint filed by the Bathurst police chief with the New Brunswick Police Commission led to the hearing.

Bathurst Police Force constables Mathieu Boudreau and Patrick Bulger each face five counts of violating a code of conduct: that they didn't properly use and carry a firearm,abused authority,were oppressive or abusive to a person, neglected their duty, and acted in a discreditable manner.

Boudreau and Bulgerdeny the allegations.

The final witnesses for the police chief have been called and the legislation sets out that the arbitrator hearing the case,Michaud, must decide if there's a "prima facie" case.

"So in other words, is there some evidence on the record that he has heard either through witnesses or through documents, exhibits, that establishes that some wrongdoing happened," T.J. Burke, a lawyer representing Boudreau, told reporters Wednesday.

If the arbitrator doesn't believe there is a case, then the counts alleging code of conduct violations are dropped and the hearing is over.

That will be what Michaud's written decision will be about.

The arbitrator decided to issue a written ruling after several hours of legal arguments by a lawyerfor the police chief and lawyers for the officers.

The officers' lawyers say the police chief has not established that the two committed the violations alleged and that there's no need to continue the hearing.

If Michaud decides there is aprima facie case, then a second stage begins where the respondents the officers can call evidence and witnesses.

Burke told the arbitrator he expects that his client, Boudreau, would testify if it moves to the second stage. Brian Munro, the lawyer for Bulger, also said he expects his client would testify.

That would be followed by closing arguments and thenthe arbitrator would need to make an overall ruling on the code of conduct violations based on the evidence presented.

"What the first step does not mean is that if the arbitrator decides that after all there is sufficient material to go to a full hearing on the merits and enablesthe respondents to call evidence, it does not mean that necessarily he will still findwrongdoing," Basile Chiasson, the lawyer for the police chief told reporters Wednesday.

Eleven witnesses have testified since the hearing began Oct. 16. It was scheduled to wrap up Friday.

Witnesses have testified Vienneau "purposely" tried to drive over Bulgerwhen the officers got out of their unmarked police car. Annick Basque, Vienneau's fiance, testified she didn't know the two men were police.

Witnesses have testified she said "you're not real police" as she was removed from the car following the shooting.

The officers were using unmarked police cars and plain clothing, typical for the undercover work they did as part of the Northeast Integrated Intelligence Unit. The unit brought together officers from several regional police forces to gather intelligence on organized crime and drug trafficking.