City police officer avoids criminal record for domestic dispute charges

A Fredericton police officer will not have a criminal record for offences he committed during a domestic dispute, provided he follows court-ordered conditions.

Colin Holmes, 26, pleaded guilty in February to charges of assault against his former spouse and unlawfully being in her Hanwell home.

In February, he entered those pleas before provincial court Judge Mélanie Poirier LeBlanc, who decided to have a judge from outside the Fredericton area oversee the rest of the process because of Holmes's job as a police officer.

Woodstock Judge Brian C. McLean presided over the sentencing Thursday by video-conference and ultimately decided to issue a conditional discharge. 

This means Holmes will not have a criminal record — but he must follow the conditions set by the court, including having no contact with the victim or her children.

"There is … no reason to believe Mr. Holmes requires a punitive sentence of incarceration, served in the community or otherwise, to specifically deter him from re-offending," the judge said. "There's no reason to believe he would.

"From all accounts this is a one-off and isolated event."

The Criminal Code says the court can use that option when an accused person pleads guilty, and a discharge, rather than a conviction, would be in the best interest of the accused and not against the public interest.

The Crown was seeking to have Holmes serve a conditional order of four months, with two months under house arrest and two months with a curfew, followed by 12 months on probation.

The judge said a conditional discharge is Holmes's best interest.

"This court does not know what will happen with respect to Mr. Holmes's future police career," he said. "How his employer treats this matter following sentencing is entirely up to them."

Holmes is currently suspended without pay, after about four months of being on paid suspension, said Fredericton Police Force spokesperson Megan Barker. 

Another spokesperson, Sonya Gilks, declined to comment on Holmes's employment status, citing an investigation by the New Brunswick Police Commission. 

According to the commission, Holmes is scheduled for an arbitration hearing on Aug. 29 and 30. That proceeding will determine what, if any, discipline Holmes will face under the Police Act. 

Holmes had served 3½ years with the Fredericton Police Force at the time of the incident, and had recently been promoted to detective with the drug enforcement unit. 

The victim was at her Hanwell home with her two young children on Sept. 24. When Holmes arrived, off-duty from work, "he was unwelcome," McLean said. 

He entered the home through a side door, and an "altercation" ensued, the judge said, when his former spouse tried to call the police. Holmes attempted to take her phone, McLean said, and ultimately she suffered minor injuries.

Her children, aged eight and 12, were home at the time. 

The judge read part of her victim impact statement during Thursday's sentencing.

"I've needed to attend therapy for the trauma I've been subjected to, and for the first time in my life I had to be prescribed medication for the debilitating anxiety that has prevailed," the statement said. "I was unable to function or get out of bed for weeks after this happened."

McLean noted Holmes showed remorse shortly after the crime and "recognized the seriousness of the situation." 

The city officer, according to the pre-sentence report, has struggled with his mental health since adolescence.

The judge noted Holmes has been receiving psychological counselling over the past two years and was diagnosed with obsessive compulsive disorder and depression at age 14. 

"He was given prescribed medication but stopped taking it at age 20, as he felt no further benefit," McLean said. 

Holmes and his lawyer, Emily Cochrane, declined to comment on the outcome. 

In addition to the no-contact order, Holmes must agree to good behaviour and will be under supervised probation for 15 months. The judge also ordered him to pay a victim fine surcharge of $200.