TIMMINS - A South Porcupine police sergeant has been sentenced to 18 months probation for defrauding the local chapter of the Ontario Provincial Police Association of about $7,000.
The prosecution was recommending one year of house arrest but the a Timmins provincial court judge opted on Wednesday for a lengthier period of probation instead.
Sylvie Demers, 45, had been entrusted since 1999 to oversee the finances of the local OPPA chapter as treasurer of the association. However, from January 2012 to the early months of 2015, court heard, Demers abused the position by treating the organization’s deposited funds as her own personal bank account.
During that period, she made 65 questionable transactions from that OPPA account, withdrawing a total of close to $7,000 for personal items and services.
Those expenses included purchases of liquor, household groceries, electronics, and cosmetic creams and perfumes. There were also restaurant tabs paid for that were not authorized or connected in any way with the local chapter of the OPPA.
She pleaded guilty in July to fraud over $5,000.
During the sentencing held Wednesday, defence lawyer Michael Venturi told the court Demers’ behaviour in regards to these charges was an “aberration” considering she was a 20-year veteran, highly regarded by her peers and had enjoyed a distinguished career with honours.
“She made a bad decision,” he said, adding, “This is the one facet of her life that did somewhat spiral out of control.”
Venturi asked the court to consider the fact, “The amount of transactions (65) is high; the economic value ($6,994) is not ... This is not a six-digit fraud as we have seen in other cases.”
Judge Randall Lalande, who presided over the matter on Wednesday, admitted being perplexed by Demers’ motivation to abuse her position as OPPA treasurer since she and her family were not in financial difficulties.
Assistant Crown Attorney Julie Lefebvre offered her own theory, and suggested the “breach of trust” committed by Demers warranted a stronger penalty than a period of probation.
“The only reason why (Demers began using OPPA account for her own personal use), the only answer the Crown can provide, Your Honour, is that it’s greed,” said Lefebvre. “It’s similar to a person who shoplifts and they have money in their pocket. Why do they do that? Because they have a sense of entitlement, in my respectful submission. It’s simple greed, it was convenient.”
Demers, given the opportunity to address the court, apologized to her family, friends and colleagues. She said there is not a day that goes by that she does not regret the decisions she made that led to charges being laid and her being brought before the court.
“I do not want this case to define the person I truly am. I am a hard working police officer, mother, wife and friend,” said Demers.
“I know I have disappointed a lot of people and I will work to make amends.”
During the first six months of Demers’ 18-month probation she will be subject to a curfew.
Court heard Demers has already re-paid a portion of the money she took from the OPPA account.
The judge ordered that she repay the outstanding amount — $3,687 — within the next 90 days.
Demers remains suspended with pay.
Her lawyer pointed out to the court that the matter involving this case does not end here.
Demers has Police Service Act charges outstanding that still has to be dealt with.
http://www.timminspress.com/2016/11/09/ ... 7000-fraud