It was a momentary lapse in judgement that has now stained the otherwise unblemished 18 year record of a respected London police officer.
Sgt. Michael Hay, the former head of the human trafficking unit, pleaded guilty Friday to one count of discreditable conduct under the Police Services Act for allowing another officer to walk free after he was busted trying to buy sexual services.
The incident happened on April 19 when Hay was supervising a so-called John-sting, a proactive operation that targets men who are trying to buy sex. An officer from the Waterloo Regional Police Service was one of five men arrested during the sting.
"Upon being notified of the arrest and after confirming the arrested male was in fact a police officer who was very close to retirement, Sgt. Hay utilized his discretion to direct the subject male to be warned and released unconditionally," an agreed statement of facts presented during Friday's hearing stated.
"Sgt. Hay provided preferential treatment to the subject male by releasing him unconditionally because he was a police officer. By doing so, Sgt. Hay failed to perform his duties impartially and in accordance with the Oath/Affirmation of Office and Police Services Act."
Hay's lawyer Lucas O'Hara called the incident an anomaly that was inconsistent with his client's exceptional work history.
"This officer has no discipline history and in fact he has a personnel file that is filled with commendations," said O'Hara.
He went on to outline Hay's clear remorse and willingness to admit the mistake, which included pleading guilty at the first available opportunity.
When asked by the hearings officer Retired Deputy Chief Terrance Kelly whether he wished to speak, Hay simply said "No I do not, Sir."
Kelly said he believed Hay was remorseful and would not commit the same mistake twice. He went on to instruct Hay to use this experience to help other officers from veering off the right path.
"My advice to you is that you use this as a learning process and use it when speaking to other officers as an example of what can occur when you make mistakes," said Kelly.
It was noted during the hearing that the police force has received several letters from community partners that state Hay's actions on April 19 do not undo the good work the human trafficking unit has done in the past, nor does it tarnish the relationship they have established with the organizations.
Two additional Police Services Act charges for neglect of duty and insubordination were withdrawn.
Under a joint submission of penalty, which was accepted by Kelly, Hay will have to forfeit 120 hours of pay, complete mandated training in police ethics, and continue counselling directed by his health care provider.
London Police Chief John Pare
Police Chief John Pare told reporters after the hearing he was "satisfied" with its outcome.
"While there is no question that Sgt. Hay did the wrong thing in this incident. It cannot be forgotten that he has been a valued, caring, and and a respected officer for 18-years. This was an aberration in both his behaviour and character," said Pare. "I am not excusing his actions in this incident. I am however confident that Sgt. Hay will continue to be a valued member of our service and he has a lot to offer both this police service and this community."
Pare does not foresee Hay returning to the human trafficking unit anytime in the immediate future. The 44-year-old remains on active duty, assigned to a patrol unit.
