Fredericton police chief Leanne Fitch cleared by commission

Fredericton police chief Leanne Fitch, and seven of her officers, have been cleared of wrongdoing by the New Brunswick Police Commission in the Jeff Smiley case.

Const.Jeff Smiley, of the Fredericton Police Force, laid a complaint with the commission, alleging various contraventions of the New Brunswick Police Act.

• Two suspended officers get arbitration dates
• Assault charge against Const. Jeffrey Smiley dismissed
• Fredericton officer accused of domestic assault

Steve Roberge, the executive director of the New Brunswick Police Commission, says, "We've exonerated the police officers involved."

He would not release the details of the complaints other than to say they were related to the Police Act code of conduct, "especially given that all members have been exhonerated."

Roberge says the police commission's investigator "came to the conclusion that none of the allegations could be sustained." 

Smiley made the complaint in January. He has said he believes Fitch is attempting to end his career.

In October 2014, a domestic assault charge against Smiley was dismissed over a jurisdictional issue.

He was accused of assaulting his live-in girlfriend on Feb. 17, 2014. 

However, as the assault is alleged to have occurred at Smiley's parents's house in Nova Scotia, Fredericton police did not have the authority to lay the charge.

Smiley now has an arbitration hearing before the New Brunswick Police Commission scheduled for November and another for May 2016.

CBC News contacted Police Chief Fitch and was told she is away and unavailable for an interview. But the police chief issued an email statement.

"On behalf of the Fredericton Police Force, myself and the affected members named in these complaints, we are pleased that due process has concluded, and that those involved in this unfortunate and complicated matter were acting in good faith and have been exonerated of any wrong doing in the course of our duty," the statement said.

Smiley, a decorated officer, has been suspended with pay since he was charged, pending the outcome of the criminal court proceedings.

He received the Star of Courage from the Governor General in December 2013 for pulling a 73-year-old woman from her car after it plunged into the St. John River on Jan. 8, 2012.

Smiley jumped into the frigid water to break the window and rescue Shirley Foster.

He also received a Commanding Officer Commendation in April 2012 for the rescue. 

The New Brunswick Police Commission's decisions are final. According to Roberge they are only subject to judicial review.