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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.”

The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must

  • consider whether an officer has committed a criminal offence  in connection with the incident under investigation
  • depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
  • report the results of any investigations to the Attorney General. 

Steven Gibbons, Steven.Gibbons@ontario.ca
SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342