Joe Smyth found guilty of obstruction of justice
Judge Mike Madden came back with decision Friday morning at provincial court in St. John's
Police officer Joe Smyth has been convicted of obstruction of justice, a judge ruled Friday.
The Royal Newfoundland Constabulary officer, who has been suspended without pay since July 2018, was charged with obstruction of justice in July 2018.
Smyth's trial wrapped up on Jan. 22, with judge Mike Madden coming back Friday when court resumed at 9 a.m. with his decision.
Judge Madden says it’s “inexplicable” that that Smyth thought the light was red when it was green. Husaini was ticketed for running a red. <a href="https://t.co/RITeT5gns4">pic.twitter.com/RITeT5gns4</a>
—@CBCMarkQuinnDuring the five-day trial in St. John's provincial court, the defence argued Smyth made an honest mistake when he ticketed Sayed Husaini on May 12, 2017.
Crown lawyer Lloyd Strickland asserted Smyth crossed a line, and was out to get Husaini.
In court today, Madden says it's "inexplicable that that Smyth thought the light was red when it was green."
After Madden found Smyth guilty of obstruction of justice, Strickland gave a brief comment on the decision.
"The only reasonable conclusion was that Smyth gave a ticket [for running a red light] that he knew was false," he said.
Both Smyth and his lawyer declined to answer questions after the verdict.
CBC News asked the RNC what the judge's decision means for Smyth's future with the police force.
"Chief Boland is unable to comment on this matter because the case is still before the court," said a spokesperson late Friday afternoon.
In May 2017, Smyth issued Husaini four tickets, including one for running a red light.
Video from a camera mounted on Husaini's motorcycle — which was played on the first day of trial — showed the light was green when Husaini drove through it.
All the tickets were dropped in traffic court, and Smyth was later charged with obstruction of justice after the Alberta Serious Incident Response Team (ASIRT) investigated.
Husaini was not in court Friday to hear the judge's verdict.
A sentencing hearing for Smyth is scheduled for April 18 at 9 a.m.
Smyth is the RNC officer who was the subject of a public inquiry after he shot and killed injured worker Don Dunphy in 2015.
Inquiry Commissioner Leo Barry concluded that Smyth used appropriate force in self defence when he shot Dunphy.
With files from Mark Quinn