Assault charge withdrawn against veteran Niagara police officer

A veteran police officer who was facing a charge of assault in Niagara-on-the-Lake, Ont., has had the charge against him dropped and he has resumed his regular duties.

On May 20, Crown attorney Mark Dean advised a court hearing in St. Catharines, Ont., that the single charge against Const. Ben Tomiuck had been withdrawn.

Dean told the court that Tomiuck had "completed upfront diversion," and that "there's no longer public interest to proceed."

According to Legal Aid Ontario, diversion is "when you are offered a chance to do something like community service or counselling to have your charge withdrawn." Having a charge withdrawn means it is dropped permanently, it notes.

CBC reached out to Dean for more information but he directed us to the May 20 hearing. No other details were provided at the hearing.

Tomiuck — who's been a member of the Niagara police service for 23 years — was taken into custody by Hamilton police on Nov. 26, Niagara Regional Police Service (NRPS) said in a November 2024 news release.

At the time of his arrest he was assigned to general patrol in Niagara-on-the Lake, said NRPS. 

On Aug. 5, 2024, NRPS became aware of allegations involving Tomiuck, the release said. 

"In responding to a call for service, it was determined that an on-duty member of the NRPS had been involved in an altercation with a suspect," said police.

NRPS requested Hamilton police investigate the incident to avoid any conflicts of interest. During the investigation, Tomiuck was suspended with pay, as required under the policing act.

On Tuesday, a spokesperson with NRPS told CBC Hamilton the matter has now been resolved and "Tomiuck has returned to patrol duties."

Stephanie Sabourin wrote in an email that no further details regarding the resolution would be released "as it is related to private labour and employment matters."