A veteran Toronto police sergeant accused of sexually assaulting two women while on duty is now facing internal discipline for failing to activate his in-car camera on the night of the first alleged incident — an assault the complainant says took place in the cruiser, the Star has learned.

Toronto police disciplinary documents obtained this week show Sgt. Christopher Heard is facing three counts of misconduct under the Police Services Act stemming from the alleged sexual assault of a 27-year-old woman in September 2015.

The hearing documents shed new light on the case of the long-time officer accused of sexually assaulting two women in their 20s during separate shifts in the autumn of 2015, both in the area of Blue Jays Way.

Heard is accused of failing to inform the police communications operator of his whereabouts after picking up the first alleged victim, and of belatedly writing up an account of that encounter in his police notes — and only after learning the woman filed a complaint against him.

Last week, the Special Investigations Unit — the civilian watchdog that probes deaths, serious injuries or sexual assault allegations involving police — announced Heard was facing a second sexual assault charge against a 25-year-old woman, occurring just weeks after the first alleged assault.

The second sexual assault charge will now prompt another internal review and could mean more misconduct allegations against Heard.

“I can tell you that once the Service is provided with information on the second charge, it will be reviewed for possible (Police Service Act) charges,” said Meaghan Gray, spokesperson for the Toronto police.

The disciplinary charges against Heard have not been proven at the tribunal. The officer is currently suspended from Toronto police with pay.

Approached by the Star as he was packing up a trailer outside his home on a quiet residential street in Durham region Thursday night, Heard declined to comment.

“I’m not talking to you,” he said. “I’m already disappointed enough with the news.”

Gary Clewley, Heard’s lawyer, did not return multiple calls or emails from the Star.

According to the SIU, the first alleged sexual assault occurred on September 24, 2015 when Heard picked up a 27-year-old woman near Wellington St. West and Blue Jays Way shortly before 1:00 a.m. He then drove her to her home in his police vehicle, allegedly assaulting her during the drive.

Six weeks later, according to the SIU, Heard picked up a 25-year-old woman near King St. West and Blue Jays Way, then drove her home in his police car. That complainant alleges Heard sexually assaulted her after their initial contact.

At the time of both alleged assaults, Heard was supervising a group of constables in downtown Toronto’s 52 Division.

According to the details of the disciplinary charges, Heard’s failure to turn on his in-car camera means there is no video or audio recording of his contact with the 27-year-old woman, “contrary to Toronto Police Service governance.”

Generally, officers are required to activate the camera during all investigative contacts with members of the public, all prisoners transports, any situation or event where it is believed it would be beneficial to do so, and more.

The Toronto police in-car camera system has been installed in all front line vehicles since mid-2011, according to its website. Each vehicle is outfitted with two cameras, one facing out the windshield and another recording the rear seat area.

Heard is also charged with misconduct related to his failure to record all of his interaction with the 27-year-old woman in his police notes.

“You failed to record the pertinent facts of your investigation in your memorandum book, to complete your memorandum book, or to submit your memorandum book to the officer-in-charge at the completion of your tour of duty,” the documents say.

“When you became aware that (the woman) filed a complaint about your conduct you began a new memorandum book and recorded information about your contact.”

If found guilty of any misconduct charge, the penalty for Heard could range from a reprimand to dismissal.

If Heard is found guilty of the sexual assault charges, he will automatically face another misconduct charge for being criminally convicted.

Heard’s next court appearance is June 9.

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With files from Oliver Sachgau and May Warren

Wendy Gillis can be reached at wgillis@thestar.ca

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