Joe Smyth charged with obstruction of justice denies giving ticket maliciously

Royal Newfoundland Constabulary officer Joe Smyth says he absolutely did notissue a ticket to a motorcycle driver he pulled over in May 2017 maliciously or deceitfully.

That commentcame via a video played in court Tuesday Day 2 of his obstruction of justice trial of an interview of Smyth conducted by investigators with the Alberta Serious Incident Response Team (ASIRT).

Smyth pulled over Sayed Husaini on May 12, 2017, and issued him four tickets, including one for running a red light. Footage from a camera mounted on Husaini's motorcycle which was played in court on Monday shows the light was green when Husaini drove through it.

"He didn't have a red light, obviously. That's pretty clear,"Smythsaid in the video played in court.

"I perceived it as a red light."

Asked if he issued the ticket maliciously,Smythreplied, "Absolutely not."

"I can't even begin to fathom why I'd do that, to bring my integrity into question for a red light. It's just, it's that killed me, to see that [the light was green]," he said.

All four tickets against Husaini were dropped, but the Crown is pursuing a charge of obstruction of justice against Smyth.

Thecharge was laid in July, after ASIRT investigated. RNC Chief JoeBolandannouncedSmythwas suspended without pay until further notice.

Smyth was the subject of a judicial inquiry, after he shot and killed injured worker Don Dunphy in 2015 in Mitchells Brook.

Commissioner Leo Barry ruled Smyth used "appropriate force in self-defence"but also "demonstrated certain errors of judgment and noncompliance with aspects of his training."

Smyth referenced the inquiry in the video that was played in court on Tuesday.

He was questioned about his recollection of the traffic light, which Smyth said he thought was red at the time, but video showed otherwise.

"I just came through a public inquiry where my recollection was shown to be fallible," Smyth said in the video, in which he was interviewed by ASIRT investigator Andrew Johnson.

Similar motorcycle dangerously driving 1 month earlier

Johnson was also in court on Tuesday and was cross-examined by Jerome Kennedy, Smyth's lawyer.

It was during those questions that Kennedy told the court that his client was involved in a pursuit one month before the traffic stop at the centre of the trial.

Kennedy said it involved an orange motorcycle similar to the one Husaini was driving in May and Smyth pursued the bike for 15 seconds before calling it off.

Kennedy said Smyth sent an all-staff note within the RNC asking officers to be on the lookout for an orange motorcycle driving dangerously.

The defence is making a case that Smyth had "no personal hostility for Husaini before, during or after" the May 12 traffic stop.

In the video, Smyth told the ASIRT investigator that he did not have it in for Husaini, and that his priority was to ensure the roads are safe.

Traffic supervisor testifies

Court resumed Tuesday afternoon with the Crown calling Bill MacDonald, a traffic signal supervisor for the City of St. John's, as its last witness.

He spoke briefly about how sensors trigger traffic lights to change colours, and was on the stand for less than anhour.

Judge Mike Madden also asked MacDonaldquestions.

During cross-examination, Kennedy asked MacDonald whether the ASIRT report was accurate when it came to information about traffic lights, and MacDonald said it was.

Before court adjourned for the day, Kennedy said he would advise the court on Wednesday on how the defence plans to proceed.

Court resumes 10 a.m. Wednesday.

Day 1 wrap

On Monday, Husaini testified that Smythwas "very angry and I could see his gun."

Husaini sparred with Kennedy during cross-examination, bristling at certain questions, like whether he had a criminal record, stating they weren't relevant.

"The witness is dictating what questions he can ask," said Kennedy at one point."I've never seen this in 30 years of practice."

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