New Brunswick

Decision by Dec. 3 in Const. Jeff Smiley arbitration hearing

Const. Jeff Smiley's arbitration hearing before the New Brunswick Police Commission ended on Thursday. The lawyers have been given time to submit written briefs. The clock starts on the arbitrator's ruling when he receives those documents.

Smiley is the subject of a conduct complaint laid by Fredericton Police Chief Leanne Fitch

Const. Jeff Smiley has been suspended with pay since February 2014. (Catherine Harrop/CBC)

Const. Jeff Smiley's arbitration hearing before the New Brunswick Police Commission ended on Thursday.

The lawyers have been given time to submit written briefs.

The clock starts on the arbitrator's ruling when he receives those documents.

Cedric Haines will render his decision no later than Dec. 3.

Const. Jeff Smiley did not testify at his hearing. 

Earlier in the afternoon, Const. Michael Fox of the Fredericton Police Force testified.

Fox was the first officer Kim Burnett spoke to in February 2014 and informed she wanted to leave Smiley, who was her common-law spouse.

He said she told him there was no assault involved.

Fox said he called Cpl. Dwight Doyle after speaking with Burnett.

When asked in cross-examination if he tried to probe Burnett further about whether she'd been assaulted, he replied, no.

He also testified he was told by Doyle not to file a supplemental report.

Burnett and Smiley remain together and Burnett testified Wednesday that Smiley never assaulted her.

Fredericton Police Chief Leanne Fitch filed a complaint with the New Brunswick Police Commission about Smiley's conduct.

Counts against him include domestic assault, counselling an officer not to disclose he had firearms, improper care of firearms and failing to turn in firearms.

Smiley has been suspended with pay since February 2014.