Saint John police officer's assault charge stayed, lawyer says

An assault charge against a Saint John police officer has been stayed, bringing an end to his four-year legal battle, says his defence lawyer.

Const. Chris Messer was awaiting a new trial on the charge after his 2012 conviction was overturned by the Court of Appeal.

But Brian Munro told CBC News on Tuesday a judge has stayed all proceedings against his client.

"That ends it," said Munro. "As far as I'm concerned, it should be ended. It should have ended a long time ago."

Munro could not discuss the reasons for Court of Queen's Bench Justice Judy Clendening's decision. They are subject to a publication ban until further notice, he said.

It's unclear whether the Crown will appeal.

Messer, who has been on suspension with pay, told reporters he doesn't know what his next steps will be yet and whether he will go back to work with the Saint John Police Force.

He said he would like to return to his job as a police officer, but said that is a matter he will leave up to the police management and the police union.

'At a loss for words'

"Today is just a day I've waited for so long. And it's here. I'm kind of at a loss for words, really. I don't know what more to say other than we're happy right now. We're going to sit back with some family today and maybe smile a bit," he said, his voice trembling with emotion as he stood in the lobby of the Saint John Law Courts building, with family members behind him.

"It's been four-and-a-half years. It's been very strenuous on our family, both emotionally and financially. There's some closure today, but there's a lot of tough, tough questions that are going to have to be answered by people in regards to this matter and what's gone on," said Messer.

"I guess that process can start now. I haven't been able to speak publicly to anybody for four-and-a-half years and it's been just terrible on the family. I just hope that the public of Saint John can grab this story and really pay attention to the details when things start coming out and to know what my family and I were put through," he said, without elaborating.

Messer was convicted of assault and making threats in August 2012 and was sentenced to three months in jail, but was released after one week, pending his appeal.

In June 2013, the Court of Appeal struck down his conviction, saying the reasons for trial judge's decision were "unreliable."

The trial judge did not clearly outline the reasons for the verdict and offered "much editorial commentary"... setting out different versions of events from testimonies at trial, the province's top court ruled, ordering a new judge and jury trial.

The charges stemmed from complaints by two people Messer suspected of being involved in the break-in at his home on Westfield Road.

During the trial, the court heard Messer sent a work email, asking his fellow officers to find out what they could through sources.  He also stated he went looking for information and had identified an old blue Chrysler Dynasty as a suspicious vehicle.

Later that day, Messer was alerted by colleagues that they had pulled over a vehicle matching that description in the parking lot of Canadian Tire. One of the complainants, Brett McAdam, was inside and Messer went to the scene.

McAdam testified that after being asked to sit in Messer's cruiser, the officer drove it around the back of the store where he yelled accusations, threatened to blow McAdam's head off, cut it off with a butcher knife and send "lowlife scum" to his home.

Two weeks after that, the second complainant, Randy King, who was wanted on an arrest warrant, was stopped by police.

King told the court in 2012 that Messer punched him in the head up to 10 times and then put his boot on King's throat.