A charge of discreditable conduct against a veteran Guelph police officer has been stayed due to a procedural error.
Guelph Police confirmed Friday afternoon that Const. Neil Moulton will not have to defend himself against the Police Services Act charge after it was ruled at a Friday morning hearing that the Guelph Police Service made a procedural error in not notifying Moulton a charge would be laid in a timely manner.
Moulton was charged with leaving a menacing voice message on a woman's phone in 2015.
The voice mail message in question was left for Cambridge resident Judy Somerton.
In March of 2015 police say Somerton's brother Tim Byrne murdered Andrea Normore, a member of Moulton's extended family, before killing himself by driving into an oncoming truck in Puslinch.
Family members of the murdered woman took offence to Facebook postings Somerton had posted regarding the matter and Moulton, while off duty, left angry voice mails on Somerton's phone asking her to stop.
Somerton filed a complaint with the Office of the Independent Police Review Director, resulting in the professional discreditable conduct charge against Moulton.
The Guelph Police Service had six months after the complaint was filed to inform Moulton if it planned to file a charge against him, but Moulton wasn't formally notified until 10 months after the complaint was filed.
Moulton, a 17-year-veteran of the force who continued to work since the charge was laid, planned all along to defend himself and previously turned down a resolution offer.