A disciplinary hearing into internal police conduct charges against Constables Paul Fyke and Jeffrey Smith has been adjourned until October 26, 2026.
The adjournment is to allow for discovery items to be exchanged between the officers’ legal counsel Leo Kinahan and prosecutor Jessica Burrow.
Constables Fyke and Smith face conduct charges under the Police Services Act related to the 2019 incident involving the arrest of Tyendinaga man Mario Baptiste Jr. inside a Taco Bell restaurant.
An arrest was made following an off-duty investigation by Constable Fyke into a stolen drink from the former Lowe’s location on Millennium Parkway, now a RONA+.
Baptiste Jr. passed out during the arrest. When he arrived in hospital, Baptiste Jr. was found to have suffered a broken rib and a broken right finger.
No charges were ever laid against Baptiste Jr., nor the two other men being investigated, and the stolen drink was never located.
Fyke was acquitted of assault causing bodily harm.
Smith was also acquitted of assault causing bodily harm but guilty of a lesser charge of common assault and was given a conditional discharge, 12 months probation and 120 hours of community service.
The Crown appealed the decision on Fyke after the verdict believing Justice Patrick Hurley made errors in law, but the Ontario Court of Appeal upheld the trial judge’s decision.
The disciplinary hearing set for October 26 will take place at 10 a.m. with a location still to be determined.
