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Criminal charge against 3rd Saint John police officer dropped

Cst. Nicholas Roy is no longer facing a criminal assault charge. (Roger Cosman/CBC - image credit)
Cst. Nicholas Roy is no longer facing a criminal assault charge. (Roger Cosman/CBC - image credit)

The Crown has dropped the charge against the third and final Saint John Police Force officer accused of a crime in the past two years.

Const. Nicholas Roy was charged with assault with a metal detector in the summer of 2022. Details of what happened were never made public.

On Wednesday, Crown prosecutors said Roy's charge was resolved outside court and withdrew the charge.

Judy Desallier, spokesperson for the Department of Justice, said Roy met all of his conditions and completed an alternative measures program successfully.

"As a result, the charge before the court was withdrawn," she said.

Alternative measures is a process in which accused people, program co-ordinators, and sometimes victims work on resolving an issue without needing to go through a trial and a finding of guilt.

Going through alternative measures does not mean the accused admits criminal responsibility, but it does involve holding the accused "accountable," according to the government of New Brunswick website.

After alternative measures, the charges are typically withdrawn and the process ends with no criminal record for the accused related to that particular charge.

Roy was one of three Saint John police officers facing a criminal charges laid in 2021 and 2022.

The police are allowed to use force in the line of duty and are protected from charges under the law. But if the Crown sees evidence that the force was excessive or not justified, that protection ends and charges are laid.

Benaiah Sok was accused of assault, and the charge was dropped this week after defence presented new information to the Crown. Sok's charge was dropped without his having to go through alternative measures.

Sgt. David Kimball was charged with falsifying a report, obstruction of justice and breach of trust. The charge of falsifying a report was later dropped, and in December he was acquitted of the other two charges when the Crown presented no evidence.

Saint John police spokesperson Sean Rocca has said Sok will remain on administrative duties until a Police Act investigation concludes. After Kimball's acquittal, a Police Act investigation started, Rocca said, and he remains suspended with pay.

CBC News asked about a Police Act investigation in Roy's case but has not had a response.