Obstruction of justice charge dismissal a 'vindication' for RNC's Joe Smyth says lawyer
Crown not pursuing a new trial after Court of Appeal overturned Smyth's earlier conviction
Royal Newfoundland Constabulary Const. Joe Smyth won't be facing a new trial for the obstruction of justice charge that's been dogging him since July 2018.
The Crown told the court Tuesday that it will not proceed with a new trial or appeal the Court of Appeal's decision last month to overturn Smyth's earlier conviction on the charge.
The issue stems from a 2017 incident in which Smyth issued tickets to a motorcyclist. Smyth was convicted of obstruction of justice in February 2019, but appealed that decision.
After a judge dismissed the charge Tuesday, following the Crown opting not to proceed with a new trial, Smyth's lawyer told reporters it was a "vindication of the approach that we took from the very beginning."
"It's been a long, hard haul. Our position from the beginning of this case is that the charge never should have been laid," said Jerome Kennedy.
Kennedy said Smyth hasn't decided what he will do next.
Smyth was suspended without pay from the police force after he was charged with obstruction of justice.
"I'm not certain what he wants to do but essentially, he was presumed innocent when the charge was laid and at the end of the day, he was acquitted so therefore at a minimum he should be entitled to the pay which was taken from him as the result of the chief's decision," said Kennedy.
RNC responds
In response to the acquittal, the RNC issued a statement saying Smyth's suspension without pay will be lifted and he will be assigned to administrative duties.
The force must now hear a public complaint that was made against Smyth regarding the same incident that led to the charge. The public complaint was on hold while the criminal charge was in court.
The RNC says it won't comment on Smyth's case again until the public complaint process is resolved.
Earlier conviction
When he was found guilty in February, Smyth was given a suspended sentence and a year of probation in April for tickets he issued after pulling over a motorcyclist on May 12, 2017.
Sayed Husaini was written tickets for running a red light, improperly passing vehicles, driving between vehicles and having a faulty tire.
All of the tickets were dismissed in traffic court before Smyth's obstruction of justice trial. Smyth was later charged with obstruction of justice after the Alberta Serious Incident Response Team investigated.
During the trial, the court was shown video shot from Husaini's motorcycle that clearly showed the light was green when he drove through the intersection.
Smyth was convicted of obstruction of justice by Judge Mike Madden on Feb 22.
In the Court of Appeal decision, Justice Lois Hoegg wrote that the video from the motorcycle could not be considered strong enough evidence to show Smyth's specific intent to obstruct justice.
For these reasons, among others, the decision said, Smyth's appeal was allowed and a new trial was ordered.
Inquiry into the shooting death of Donald Dunphy
Smyth testified at a public inquiry after he shot and killed injured worker Don Dunphy on April 5, 2015.
Smyth, a member of then premier Paul Davis's security detail, was at Dunphy's home to speak with him about his social media posts about politicians. Smyth said at an inquiry into the shooting that he fired at Dunphy four times in self-defence after Dunphy pointed a rifle at him.
Inquiry commissioner Leo Barry concluded Smyth used appropriate force in self-defence when the RNC officer fatally shot Dunphy.
ABOUT THE AUTHOR
