No trial for Bathurst officers charged in fatal shooting

Two Bathurst police officers involved in the shooting death of Michel Vienneau will not be facing trial, after aNew Brunswick Court of Queen's Bench justice decided Fridaynot to reverse a lower court decision.

Court of Queen's Bench Justice TraceyDeWaredismissed the Crown's application to toss out JudgeAnneDugas-Horsman'sdecision not to proceed to trial.

DeWare said she found Dugas-Horsman considered all the evidence and did not exceed her jurisdiction when she ruledthe Crown had failed to provide enough evidence.

The 51-year-old Tracadiebusinessmanwas shot and killed in January 2015 when police were attempting to arrest him in a Via Rail parking lot, acting on a tip Vienneau was carrying "a load of drugs.'

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The tip proved to be false.

PatrickBulger, 38,and MathieuBoudreau, 28,were charged with manslaughter in Vienneau's death, but the charges were dropped as a result ofDugas-Horsman's ruling.

The courtroom was packed Friday, with many of Vienneau's relatives in attendance.

Vienneau'sfamily was visibly upset leaving the courtroom, refusing to comment to reporters.

"Not today," saidNicolas Vienneau,MichelVienneau's brother.

BothBulgerandBoudreauwere suspended with pay from the police force after the charges were laid.They have been back at work since being cleared in February.

Their lawyer, BrianMunro, said the officers were relieved by Friday's decision. He said he hopes this is the end of the road for this matter.

"Vienneau'sdeath was a tragedy, but once the public learns all the details,they will see there was nothing criminal there," he told reporters outside theBathurstcourthouse.

A publication ban is still in place on any evidence presented during the preliminary inquiry for the next 30 days, in case the Crown appeals.

New Brunswickpublic prosecution services requested a judicial review bythe Court of Queen's Bench in April, seeking to have Dugas-Horsman's decision overruled.

The office argued that the judge failed to consider all relevantevidence at the preliminary hearing and committed a jurisdictional error.

DeWare heard arguments in Bathurstin late August, with Bulger,Boudreau and about two dozen of Vienneau's relatives and friends in the courtroom.