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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 afternoon with the Crown accusing him of crossing a line, while the defence insisted he made a mistake during a traffic stop in May 2017.

Judge Mike Madden will decide which version of events he believes to be true on Feb. 22 at 9 a.m.

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

Smyth was a 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, and Smyth was charged with obstruction of justice after an investigation by the Alberta Serious Incident Response Team [ASIRT]. He has been suspended without pay since that charge was announced in July 2018.

Smyth is the RNC officer who was the subject of a public inquiry 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, Kennedy told the court.

The longtime defence lawyer — and a former 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 light and not a red one, it doesn't mean Smyth was out to get Husaini.

Mark Quinn/CBC
Mark Quinn/CBC

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

But Crown prosecutor Lloyd 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 experience trauma, was the final witness for the defence Tuesday morning.

She provided counseling to Smyth after he fatally shot Dunphy.

Hewlett told the court that Smyth displayed symptoms of acute stress disorder, including flashbacks, nightmares and a high stress level.

Mark Quinn/CBC
Mark Quinn/CBC

She said Smyth should have returned to work on desk duty, 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-vigilance and blanking out for periods of time are also indicators of trauma.

Hewlett said yes, they were possible symptoms.

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

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