The association which represents officers with the RNC says Constable Joe Smyth never should have been prosecuted criminally.

The Crown asked yesterday that the case be dismissed as it had no new evidence to present.

Yesterday’s development came after the Newfoundland Court of Appeal overturned an earlier court decision that found Smyth guilty of obstruction after giving a ticket to a motorcycle rider for going through a red light. Evidence presented in court proved that the light was green but there was no evidence Smyth had deliberately issued the ticket knowing that it was based on false information.

Sargeant Mike Summers, president of the RNC Association, says they’re standing behind Constable Smyth. He says they were pleased with the decision not to press forward with another trial, as it was their belief that the issue should not have been handled this way in the first place.

Smyth was suspended without pay while the matter was before the courts.

RNC Chief Joe Boland says now that the proceedings against Smyth are concluded, the suspension will be lifted. A public complaint process is now underway.

The Chief says Smyth will be placed on administrative duties until that process is complete, however Smyth’s lawyer Jerome Kennedy indicates his client has yet to decide if he will go back to police work.