Winnipeg police officer acquitted of impaired charge after being found asleep in running car

A Winnipeg police officer has been acquitted of an impaired driving charge, after he testified he'd been drinking that night but was not impaired behind the wheel.

Const. Leslie McRae was arrestedin November 2017 when a Manitoba RCMP officer found him asleep in a still-running vehicle pulled over on the side of the Trans-Canada Highway. He was charged with impaired care and control of a motor vehicle.

McRae, then 41 and a 10-year veteran of the Winnipeg Police Service, pleaded not guilty. In testimony on Thursday, he told court he'd had three to four drinks with a friend between midnight and 4 a.m. on Nov. 20, 2017, but was not impaired.

He testified he pulled over on his drive home from Winnipeg to Marquette, Man., because he was tired. He said he'd planned to finish the trip after sleeping in his car.

On Thursday, Manitobaprovincial court senior Judge Robin A. Finlaysonfound McRae not guilty. He noted the absence of any evidence to corroborate the testimony of the arresting officer: no other witnesses were called and no videographic evidence was provided to support the charge.

"In my view, that evidence was critical and it was missing," Finlayson said in his ruling.

'Overwhelming smell of liquor': Arresting officer

In his ruling, Finlayson agreed with defence attorney Evan Roitenberg's assertion the testimony of the arresting officer, RCMP Const. Marcello Oddo, was flawed.

Oddo was the only person to testify other than McRae himself.

"In my view a police officer's notes are the lifeblood to his or her credibility," Finlayson said.

"The notes of Const. Oddo were lacking in detail. It is clear that many of his recollections that he testified upon in direct examination, he had no notes to support in cross-examination."

Oddotold court in November McRaehadbloodshot and watery eyes, slurred his speech and appeared disoriented when Oddospoke to him. Oddo said McRaesaid he'd "had a couple beers," and said the man had difficulty accessing his licence and registration.

"Once I opened the door, there was this overwhelming smell of liquor coming from the vehicle," Oddo said.

He told courtMcRae identified himself as a Winnipeg police officer and asked for a ride home. He also testified that upon returning to the detachment, McRae told him he'd been "in [his] shoes before" and made a different choice, and said, "You have a different approach than we do."

McRaehad initially been charged for refusing a breath test, but Crown attorney Brett Rach dropped that charge last year. Court saw no video evidence of McRae at the RCMP detachment, which Oddo testified he'd never been asked to provide before.

1 of 5 officers arrested on impaired driving-related charges in 2017

In his own testimony, McRae said he didn't admit to drinking beer he'd in fact been drinking rum and Coke, he told court. He also disputed Oddo's evidence he'd had difficulty accessing his wallet, sitting up and walking.

He said he finished work at midnight and went to Assiniboine Park in Winnipeg with a friend for a bonfire. Over the following four hours, he said he hadthree to four drinks, each with about an ounce of alcohol.

McRae testified behaviour Oddo had interpreted as impairment was in fact fatigue or disorientation from being woken up after sleeping for four hours in his car.

Finlayson told court he found McRae's evidence credible.

McRae was one of five Winnipeg police officers arrested for similar offences in 2017.