Did Joe Smyth make a mistake or cross a line? Judge to decide as obstruction of justice trial wraps up

Joe Smyth's obstruction of justice trial wrapped up Tuesday afternoonwith the Crown accusing him of crossing a line, while the defence insistedhe made a mistake duringatraffic stop in May 2017.

Judge Mike Maddenwill decide which version of events he believes to be trueon Feb. 22 at 9 a.m.

Both sides presented their final arguments after a five-day trial at provincial court in St. John's.

Smythwasa traffic officer, and pulled over Sayed Husaini on May 12, 2017.

He 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.

All the tickets were dropped in traffic court, andSmythwas charged with obstruction of justice after an investigation by the Alberta Serious Incident Response Team [ASIRT]. He has been suspended without paysince that charge was announcedin July 2018.

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

'Simple error of judgment not enough' to convict

Defence lawyer Jerome Kennedy stressed that in order for Smyth to be convicted, it must be proven beyond a reasonable doubt there was willful obstruction.

If the judge deems he wrote the tickets knowing Husaini had done nothing wrong, he would be guilty of obstructing justice.

"A simple error of judgement is not enough" for a conviction, Kennedytold the court.

The longtime defence lawyer and aformer cabinet minister during a stint in politics said Smyth's reputation was at the centre of the ASIRT investigation and the ensuing criminal trial.

"Here we are facing an obstruction charge. We're here because it is Joe Smyth."

Kennedy accused Husaini of being "arrogant and dismissive" during his testimony, and argued Husaini had no interest in Smyth, the officer who pulled him over, until he found out who he was.

Kennedy also argued just because the video shows Husaini drove through a green lightand not a red one, it doesn't mean Smyth was out to get Husaini.

"We are not in traffic court. This is a criminal charge," saidKennedy. There's no evidence of intent... it demands an acquittal."

But Crown prosecutorLloyd Strickland argued Smyth's "egregious error" in issuing the tickets shows that Smyth was out to get Husaini.

"He crossed a line here," said Strickland.

Psychologist says Smyth was traumatized

Dr. Marina Hewlett, who counsels people after they experiencetrauma, wasthe final witness for the defenceTuesday morning.

She provided counseling to Smyth after he fatally shot Dunphy.

Hewlett told the court that Smythdisplayed symptoms of acute stress disorder, including flashbacks, nightmaresand a high stress level.

She saidSmyth should have returned to work on deskduty,but her professional opinion wasn't sought.

Hewlett told the court that Smyth was affected by trauma twice.

"A fatal shooting is a trauma, and there is trauma after the fact," she testified.

"[An inquiry] is necessary for the justice system but re-traumatizing for the person involved."

Hewlett said at the time of the Husaini traffic stop, Smyth was stressed and awaiting the results of the inquiry, and that could have affected his performance or perception during the incident.

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."

During cross-examination on Tuesday, Strickland asked whether overreactions, hyper-vigilanceand blanking out for periods of time are also indicators of trauma.

Hewlett said yes, they were possiblesymptoms.

Earlier this month, defence lawyer Jerome Kennedy requested a directed verdict, essentially asking the judge to dismiss the charge. That request was rejected on Mondayand the trial resumed.

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