News Release
SIU Concludes Investigation into Hamilton Sexual Assault Allegation
Case Number: 14-OSA-200
Mississauga (31 July, 2015) --- The Director of the Special Investigations Unit (SIU), Tony Loparco, has concluded that there are no reasonable grounds to believe a former Hamilton Police Service officer, Derek Mellor, committed a criminal offence in connection with behaviour for which he was found to have committed misconduct under the Police Services Act.
The SIU launched an investigation into Mr. Mellor’s activities after learning of the incident through media reports. The SIU probe focused primarily on a sexual assault alleged to have occurred against a 20-year-old female in May or June of 2012. As part of the investigation, the female and three civilian witnesses were interviewed. Mr. Mellor did not provide a copy of his duty notes and did not submit to an SIU interview, as is his legal right.
In her interview with the SIU, the 20-year-old, who was alleged to have been sexually assaulted, indicated she was a willing participant in a sexual act between her and the officer.
Director Loparco concluded, “In the final analysis, while Mr. Mellor’s conduct in relation to the woman in this case was held to be inappropriate and unprofessional resulting in misconduct convictions under the Police Services Act, I am satisfied on the evidence that it did not amount to a sexual assault or any other criminal offence.”
If you or someone you know has been negatively affected by an incident under SIU investigation and would like support, the Affected Persons Program is here to help. You can reach us at 1-877-641-1897. Support is free, confidential, and available 24/7, every day of the year.
The SIU is an independent government agency that investigates the conduct of officials (municipal, regional and provincial police officers, police officers with the Nishnawbe Aski Police Service, special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. All investigations are conducted by SIU investigators who are civilians. Under the Special Investigations Unit Act, the Director of the SIU must
- consider whether the official has committed a criminal offence in connection with the incident under investigation
- depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
- publicly report the results of its investigations