Joe Smyth's obstruction of justice conviction overturned, new trial ordered

Royal Newfoundland Constabulary Const. Joe Smyth'sobstruction of justice conviction has been overturned by Newfoundland and Labrador's Court of Appeal and a new trial has been ordered.

Smyth was found guilty in February and given a suspended sentence and a year of probation in April in connection with tickets he issued to amotorcyclist on May 12, 2017.

The officer pulled 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.

In the Court of Appeal's decision, Justice Lois Hoegg wrote that while the ticket for the faulty tire was agreed to be valid, she was unable to say with certaintythat the other three were improper tickets.

Hoegg also wrote that the video from the motorcycle could not be considered strong enough evidence to show Smyth's specific intent to obstruct justice.

For these reasons, among others, the decision said, Smyth's appeal was allowed and a new trial was ordered.

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