Joe Smyth gets suspended sentence, no jail time and a year's probation

A Royal Newfoundland Constabulary officer will spend the next year on probation fortickets he issuedafter a traffic stop two years ago.

Joe Smythwas given a suspended sentenceTuesday morningfor ticketing a motorcyclist on May 12, 2017.

"Smyth did breach the public trust. I don't believe he is at risk to reoffend," said Judge Mike Madden while giving his decision in court.

Madden said he agreed with Smyth's lawyer that a sentence includingjail time would not be appropriate.

Conviction will remain on record

A suspended sentence does mean that a conviction for obstructing justice is on Smyth's record.

In his decision, Madden also referred to the testimony of Marina Hewlett, the psychologistwho treated Smyth.

Hewlett said Smythhad post-traumatic stress disorder following his fatal shooting of a man in 2015. Aninquiry found Smyth had used appropriate forcein self-defence.

Hewlett testified that,in her view, Smyth was not ready to return to work in May 2017, when the incident thatled to Smyth's conviction happened.

After returning to duty, Smythpulled over Sayed Husainiand wrote him tickets for running a red light, improperly passing vehicles, driving between vehicles, and having a faulty tire.

All of the tickets were dismissed. During Smyth'strial,Husainiprovided video shot from his motorcyclethat clearly showed a green light.

Smyth was charged with obstruction of justice after the Alberta Serious Incident Response Team investigated. Hewas found guilty byMadden in February.

The Crown prosecutor asked for a three-month conditional sentence, and said it would be appropriate for Smyth to serve itin the community, under house arrest.Defence lawyer Jerome Kennedy asked for a discharge or suspended sentence.

Both lawyers said Smyth's post-traumatic stress disorder should be taken into consideration.

He's been suspended without pay since July 2018.

Smyth has the backing of the RNC's union, and has had several officers stand by him at recent court appearances.

Kennedyfiled an appeal of the conviction in March. It's scheduled to be heard in June.

Read more from CBC Newfoundland and Labrador