A little over a month after the Newfoundland Court of Appeal ordered a new trial for RNC Constable Joe Smyth, the Crown has announced it will not proceed with the case against the officer.
.@RNC_PoliceNL Constable Joe Smyth (far right) has arrived at Provincial Court where it expected charges against him will be dropped. Smyth has said he will not be commenting on the case. @VOCMNEWS @GerriLynnMackey pic.twitter.com/5BbYQiEF44
— Fred Hutton (@Fred_Hutton) December 17, 2019
Crown Prosecutor Lloyd Strickland stood in provincial court today and told the judge he would not be calling any evidence and asked for the case to be dismissed.
Smyth was charged with obstruction after issuing a ticket to motorcycle operator Sayed Husaini for driving through a red light. Video evidence presented in court showed the light was green. The officer’s conviction on obstruction of justice was overturned last month after Justice Lois R. Hoegg ruled that the conviction cannot stand because it was not proven that Smyth deliberately issued the ticket knowing that it was based on false information.
Smyth stared straight ahead in court this morning and declined comment when asked how he felt about the outcome. His Lawyer, Jerome Kennedy, told VOCM news he’s not sure what his client plans to do now. Smythe was suspended from the force without pay when he was charged.
Crown Prosecutor Lloyd Strickland declined comment, but Smyth’s Lawyer, Jerome Kennedy, did speak with the media. @VOCMNEWS @GerriLynnMackey pic.twitter.com/UifelcTE1a
— Fred Hutton (@Fred_Hutton) December 17, 2019
Smyth’s lawyer Jerome Kennedy says it’s been a “long, hard haul” for his client.
Kennedy told reporters this morning that it’s uncertain whether Smyth will stay on as a police officer. He says Smyth was suspended without pay, which is an unusual circumstance, and may impact his employment situation, even if he chooses to go back.
Meanwhile RNC Chief Joe Boland says Smyth’s suspension without pay will be lifted now that the criminal proceedings against him have been concluded.
In a statement provided to VOCM News, Chief Boland says Smyth will be assigned to administrative duties during the public complaint process.
Until that process is complete, the RNC is unable to make further public comment on the matter.
