Dismissal request puts Joe Smyth obstruction of justice trial on hold
Defence lawyer Jerome Kennedy asking for a directed verdict — judge will render decision Jan. 21
The judge presiding over Royal Newfoundland Constabulary officer Joe Smyth's obstruction of justice trial will take a week and a half to review a request by the defence to dismiss the charge.
Judge Mike Madden says he will render his decision on Jan 21 at 9 a.m.
Day 3 of Smyth's trial began with a motion from Jerome Kennedy, Smyth's lawyer, for a directed verdict — essentially, asking the judge to dismiss the charge.
Smyth pulled Sayed Husaini over in May 2017 and issued him four tickets, including one for running a red light while driving his motorcycle. All were eventually dropped.
It was the Alberta Serious Incident Response Team (ASIRT) that investigated Smyth, and the charge was laid in July 2018. Smyth has been suspended without pay since then.
Smyth is the same officer who was the subject of a judicial inquiry after he shot and killed injured worker Don Dunphy in 2015 in Mitchells Brook. It was ruled Smyth used "appropriate force in self-defence" but also "demonstrated certain errors of judgment and noncompliance with aspects of his training."
Defence: no intent
Kennedy said while it's clear the ticket that Smyth issued to Husaini was wrong — since video evidence showed the traffic light was green — there is no evidence of malice.
The Crown must show Smyth intended to pervert or obstruct justice, Kennedy argued.
"Where is the evidence that there was intent to obstruct justice?" he asked in court Wednesday morning.
Kennedy says Crown has to show that Smyth willfully and knowingly issued tickets that weren’t deserved. “That Smyth was out to get Husaini. A simple error of judgement is not enough.” <a href="https://t.co/ObabhkhcsJ">pic.twitter.com/ObabhkhcsJ</a>
—@CBCMarkQuinnOn Tuesday, Kennedy told the court that his client was involved in a pursuit one month before the traffic stop at the centre of the trial.
Kennedy said it involved an orange motorcycle — similar to the one Husaini was driving in May — and Smyth pursued the bike for 15 seconds before calling it off.
Kennedy said Smyth sent an all-staff note within the RNC asking officers to be on the lookout for an orange motorcycle driving dangerously.
Crown: knowingly giving false tickets is obstruction of justice
But Crown attorney Lloyd Strickland said there is reason to believe Smyth intended to issue a ticket that was false, and the act of knowingly issuing false tickets is an obstruction of justice.
"[Smyth] was clearly looking for this driver and the first time he encounters him, he writes him a ticket that involves an egregious error," said Strickland.
Smyth sat in the courtroom for the third straight day, showing no emotion.
The judge said on Wednesday that if he rejects the request for a directed verdict, the trial will continue.
With files from Stephanie Kinsella, Mark Quinn and Bailey White