Home | WebMail |

      Calgary | Regions | Local Traffic Report | Advertise on Action News | Contact

NL

Joe Smyth found guilty of obstruction of justice

Judge Mike Madden brought down a decision Friday morning.

Judge Mike Madden came back with decision Friday morning at provincial court in St. John's

RNC Const. Joe Smyth after hearing he had been convicted him of obstruction of justice. (Mark Quinn/ CBC)

Police officer Joe Smyth has been convicted of obstruction of justice, a judge ruled Friday.

The Royal Newfoundland Constabulary officer, who has been suspended without pay since July 2018, was charged with obstruction of justice in July 2018.

Smyth'strial wrapped up on Jan. 22, with judge Mike Madden coming back Friday when court resumed at 9 a.m. with his decision.

During the five-day trial in St. John's provincial court, the defence argued Smyth made an honestmistake when he ticketedSayed Husaini on May 12, 2017.

Crown lawyer Lloyd Strickland asserted Smyth crossed a line, and was out to get Husaini.

In court today, Madden says it's "inexplicablethat that Smyth thought the light was red when it was green."

Joe Smyth, right, looks straight ahead as Sayed Husaini enters the courtroom on Jan. 8 to testify at Smyth's obstruction of justice trial. (Mark Quinn/CBC)

After Madden found Smyth guilty of obstruction of justice, Stricklandgavea brief comment on the decision.

"The only reasonable conclusion was that Smyth gave a ticket [for running a red light] that he knew was false," he said.

Both Smyth and his lawyer declined to answer questions after the verdict.

CBC News asked the RNC what the judge's decision means for Smyth'sfuture with the police force.

"Chief Boland is unable to comment on this matter because the case is still before the court," said a spokesperson late Friday afternoon.

In May 2017,Smyth issued Husaini four tickets, including one for running a red light.

Video from a camera mounted on Husaini's motorcycle which was played on the first day of trial showed the light was green when Husaini drove through it.

Crown Lawyer Lloyd Strickland (wearing glasses) in front of some members of the police force that came to Const. Joe Smyth's court appearance. (Mark Quinn/ CBC )

All the tickets were dropped in traffic court, and Smyth was later charged with obstruction of justice after the Alberta Serious Incident Response Team (ASIRT) investigated.

Husaini was not in court Friday to hear the judge's verdict.

A sentencing hearing for Smythis scheduled for April 18at 9 a.m.

Smyth is the RNC officer who was the subject of a publicinquiry after he shot and killed injured worker Don Dunphy in 2015.

Inquiry Commissioner Leo Barry concluded that Smyth used appropriate force in self defence when he shot Dunphy.

Read more articles from CBC Newfoundland and Labrador

With files from Mark Quinn