His decision followed a Police Services Act trial that began on February 11, 2008, where the officer plead not guilty. On September 22, 2009, Mr. Kelly found Cst. Mamak guilty of one count of insubordination and one count of breach of confidence.
The Professional Standards Section of the Ottawa Police laid the two Police Act charges following an internal investigation. On December 12, 2007 Cst. Mamak was charged with one count of Insubordination (without lawful excuse, disobeyed a lawful order pertaining to access of CPIC) and one count of Breach of Confidence (without lawful excuse did divulge information retrieved from CPIC system knowing that it is his duty to keep secret) under the Police Services Act.
During the proceedings, Chief Vern White sought the dismissal of Cst. Mamak from the Ottawa Police given the seriousness of the charges and the importance of maintaining public trust and confidence. Today, Chief White noted: “We accept the decision and will act upon it pending the outcome of any appeals.”
Cst. Mamak, who has been suspended from duty with pay since December 12, 2007 has the right to appeal the decision, within 30 days, to the Ontario Civilian Police Commission (OCPC). The Ottawa Police Service has no right to appeal in these matters, and as such, will accept the sentencing decision and will act upon it accordingly.