Kim Burnett defends Jeff Smiley at arbitration hearing

Although involved in an intense, turbulent relationship with Const. Jeff Smiley, Kim Burnett insisted that her common-law husband never hit her during their relationship, in testimony Wednesday.

Kim Burnett's videotaped interview with police was being played Wednesday during Smiley's arbitration hearing before the New Brunswick Police Commission. She is also facing questions from the commission's lawyer.

• On Mobile? Follow live blog of arbitration hearing here
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Smiley is facing four counts of inappropriate conduct, including domestic assault on Burnett, in a complaint filed with the commission by Fredericton Police Chief Leanne Fitch. 

In testimony Wednesday, Burnett told of her plans to end the relationship with Smiley, and her worries he would be entitled to half of her assets should the two-year-old relationship end.

Burnett said she never said Smiley had "restrained" her to keep her from leaving an argument, but she said he put his hands on her during anxiety attacks to help comfort her and make sure she maintained eye contact.

He has never hit me.- Kim Burnett

However, Burnett said there were no physical assaults.

"He has never hit me, or physically bruised me, or done anything like that," she said.

"It's like a hug gone bad, because he's hugging me to hold me, and I don't want to be hugged. I want to get out."

A videotape of Burnett's interview with police was played. Burnett, who was diagnosed with obsessive compulsive disorder before she met Smiley, told the police interviewer she isn't easy to live with, but Smiley never hit her.

"I don't like to be confined. When I say, 'Don't touch me,' I want to be able to walk away. But he wants it resolved right then."

Burnett said during one argument, Smiley held the back of her neck to "keep her in the conversation."

"It's not OK, but it's not bad."

Burnett said she was nervous Smiley may hit her, or grab her too hard.

"If the Crown use it as an assault, I don't want them to," Burnett said. "I am not a battered woman. I feel sort of controlled sometimes."

The domestic assault charge was dismissed in court over a jurisdictional matter.

Burnett and Smiley sat together at the hearing, watching the video being played. Burnett cried at times, and Smiley put his hand on her back.

Burnett was 'irrational'

During her testimony, Burnett said on Feb. 26, the day Smiley was charged with assault, her anxiety, on a scale of one to 10, was 10.

She said she hadn't taken all of her medication because it makes everything dull.

"I was irrational," she testified.

Under questioning from Smiley's lawyer, Burnett reiterated there was never any violence.

She maintained that her friend, Cpl. Dwight Doyle, insisted she come to the police station. Doyle testified earlier he told Burnett if she wanted to talk, she had to come to the police station as he was on duty at the time.

Burnett said Doyle told her this was the "one opportunity" to record her side of the story because police were taking statements from neighbours.

She said she was told that Smiley would be making a statement, as well, and that an assault investigation was underway.

Burnett said within a couple of months of Smiley's arrest, she met with victim services. She asked that the 'no contact order' placed on Smiley be removed.

The hearing resumes on Thursday afternoon.