A pair of retired judges have found that several of the shocking allegations of misconduct levelled at suspended Victoria Police Chief Frank Elsner are valid enough to proceed to a disciplinary hearing.
Elsner will face possible disciplinary action for exchanging sexually charged messages with a subordinate officer’s wife, providing misleading information to a member under his command as well as an investigator, using police equipment for purposes unrelated to his job and trying to procure a false or misleading statement from a potential witness.
Retired Judge Carol Ellen Baird, who reviewed the investigation into Elsner’s conduct, found there wasn’t sufficient evidence to hold disciplinary hearings for allegations Elsner contacted a witness improperly during the investigation, asked a witness to destroy electronic data and tried to erase emails during the course of the investigation.
Unrelated allegations that Elsner engaged in unwanted physical contact with a female VicPD staff member were also found to be substantial enough to go to a discipline proceeding.
Retired judge Ian Pitfield also found there to be sufficient evidence over allegations Elsner made unwelcome remarks of a sexual nature “that could be reasonably seen to objectify female staff members,” according to a statement released by the Office of the Police Complaint Commissioner.
He’ll also face discipline over allegations that he “leered and inappropriately stared at female staff members.”
The OPCC said the next step is to hold a discipline proceeding within 40 business days, which has not yet been scheduled.
It also urged the public “not to rush to judgment or engage in speculation” until the proceedings were complete.
After initially admitting to exchanging inappropriate messages with the wife of an officer under his command in 2015, Elsner has vigorously fought to quash the investigation into his conduct.
He most recently filed a petition in B.C. Supreme Court to have the OPCC’s investigation stayed, saying he wants to resign from his job but can’t until the matter is resolved.
The suspended chief said the situation has dragged on for an unreasonably long time, taking a toll on his health and well-being.