Victoria police Chief Jamie Graham has had his appeal denied in a finding of discreditable conduct against him, the result of an offthe-cuff remark about an undercover officer being on a bus full of Olympic protesters.

Graham's comment came at a Vancouver security conference in November 2009, in advance of the February 2010 Winter Olympics.

"You knew that the protesters weren't that organized when, on the ferry on the way over, they all rented a bus," Graham said. "They all came over on a bus. And there was a cop driving the bus."

The comment was in reference to people protesting against the torch relay.

Photographer Bruce Dean filed a complaint with the Office of the Police Complaint Commissioner, alleging that Graham's comment compromised the undercover officer's safety. An investigation of the complaint by Kelowna RCMP Chief Supt. Don Harrison deemed it unfounded.

The B.C. Civil Liberties Association complained the investigation was flawed, and the Office of the Police Complaint Commissioner ordered a second inquiry. That led to a discreditable conduct finding in February this year by Burnaby RCMP Chief Supt. Rick Taylor.

Victoria Mayor Dean Fortin, the disciplinary authority in the case, recommended that Graham receive a written reprimand. Graham appealed.

Retired judge Alan Filmer was appointed to review the case by police complaint commissioner Stan Lowe.

In his written conclusion, Filmer said Taylor's investigation of Graham was done properly, and that the call for a letter of reprimand was sound. He noted that legal counsel argued Graham's comment was not meant to be serious, was unscripted and could be seen as inadvertent, and also that Graham made immediate apologies to his department, the RCMP and torch relay security.

Filmer countered that counsel's characterization of Graham's comments "fails to consider adequately the time-honoured principle that nothing should be done or said that may, in any way, disclose the existence of an undercover operation or any of its participants."

David Eby, executive director of the B.C. Civil Liberties Association, said he finds the outcome to be appropriate.

"We never really understood why Chief Graham appealed it, given the fact that the discipline was so insignificant for someone who's had the career that he's had."

Victoria police spokesman Const. Mike Russell said Graham considers the matter closed and acknowledges the decision.

"He certainly takes responsibility for his comments and takes responsibility for any issues they may have caused," Russell said. jwbell@timescolonist.com