After more than three years and many procedural delays, former Osoyoos RCMP Constable Amit Goyal has been cleared of all allegations against him.
Goyal is expected to return to active duty shortly, although it is unclear where he will be posted.
The announcement that all allegations are being withdrawn was made Tuesday at a videoconference hearing that lasted less than three minutes.
The RCMP has never publicly detailed the allegations against Goyal. Nor have they provided details of new information that led them to withdraw the allegations.
Goyal faced three counts under Section 39 of the 1988 RCMP regulations and two under section 45(b).
Section 39 says that a member shall not engage “in any disgraceful act or conduct that could bring discredit on the Force.”
Section 45(b) says a member shall not make a false, misleading or inaccurate statement to a superior officer pertaining to an investigation.
In announcing the withdrawal of the allegations, John Reid, the lawyer representing the RCMP, said new information was brought forward by Goyal’s lawyer, John Benkendorf, prior to a Sept. 13, 2016 hearing date.
The matter was adjourned to Nov. 14 and then to Tuesday to allow the RCMP to review this new information.
“This time was utilized by the appropriate officer to review new information that was received via Mr. Benkendorf, the member’s representative, from experts in the automotive industry,” Reid told the hearing. “Their opinions are persuasive enough to convince the appropriate officer that it is not in the public interest to proceed as there is no reasonable likelihood of substantiating the allegations. The appropriate officer is withdrawing the allegations as the member has been exonerated by this evidence.”
Goyal was removed from active duty with Osoyoos RCMP in June 2013 and has been suspended with pay since then.
The allegations are the result of two incidents in which Goyal reported vehicles stolen from his residence on Cottonwood Drive a week apart in the fall of 2012.
Both vehicles were subsequently found burned on Anarchist Mountain.
Initially a local man with a criminal record was fingered as a suspect, but after undergoing a lie detector test, he ceased to be a suspect.
The incidents were investigated by Trail RCMP, who recommended criminal charges be laid against Goyal, but the Crown prosecutor declined to lay any charges.
When Benkendorf, Goyal’s lawyer, brought forth the new information in September, he told the disciplinary hearing that “this hearing would be an embarrassment for the RCMP were it to proceed.”
Prior to Tuesday, Goyal’s disciplinary hearing was rescheduled six times.
By Richard McGuire
