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A BC judge ordered a Kelowna Mountie to pay damages for making false claims in a civil suit against his neighbour, but the RCMP disciplinary board wasn't convinced by the evidence.

Cpl. Matthew Hare was facing four allegations involving false statements made in civil court after the judge found he fabricated evidence about a neighbourly agreement.

The recently published decision was rendered in May. It surveyed much of the same evidence used in the years long BC Supreme Court battle. The conduct board, however, found it wasn't bound by the civil court decision and cleared Hale of allegations he made up his claims.

The dispute stems from a retaining wall Hare paid to have built in 2015. Before construction started, he discussed the project with his neighbour Kelly Whitehouse, owner of Outback Developments Ltd.

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Hare claimed the pair agreed to split the costs of the wall, amounting to around $8,300. When Whitehouse didn't pay up, Hare filed a lien on his neighbour's property, demanding payment before Whitehouse could sell.

Whitehouse, however, said the two never agreed on the project and the Supreme Court judge found his evidence more convincing.

Justice Sharon Matthews said Hare's conduct was "high-handed and malicious" in the 2019 civil court decision.

"Mr. Whitehouse's evidence makes sense, and Mr. Hare's evidence does not make sense to such an extent that I conclude that Mr. Hare concocted it," her decision reads. "I found that Mr. Hare concocted this contract and concocted that the cost of the retaining wall was close to $17,000 when he only had receipts for $8,367.59. This conduct is worthy of rebuke."

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Those comments prompted the RCMP Code of Conduct Board to order a hearing. It decided early it would not rely on Matthews' ruling to determine whether Hare did, in fact, concoct evidence.

"While her comments with respect to Corporal Hare’s credibility may have been persuasive, they were not determinative," the conduct board decision reads.

The board didn't find proof of an agreement between Hare and Whitehouse or proof that the $8,300 bill was only half of the construction costs.

It did find, however, there could have been miscommunication over whether the neighbours agreed to split the construction costs. The board also found the conduct investigators couldn't prove Hale lied about the cost of the retaining wall.

Hare will face no discipline in the matter.

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