Crown seeking 3-month sentence for RNC Const. Joe Smyth
Royal Newfoundland Constabulary Const. Joe Smyth will have to wait to hear a judge's decision about his sentencing for obstruction of justice.
Smyth, 40, was found guilty in February. On Thursday, Judge Mike Madden said he would not be delivering a decision on sentencing, and instead Smyth will be back in provincial court on April 30.
The Crown is looking for a sentence of three months, which could be served in the community, with lawyer Lloyd Strickland saying Smyth's post-traumatic stress disorder diagnosis should be taken into account.
Jerome Kennedy, Smyth's defence lawyer, said his client has maintained his innocence, and reminded Madden that an appeal of the conviction has already been filed.
In the meantime, Kennedy is seeking a discharge or conditional sentence for his client.
The Royal Newfoundland Constabulary Association previously said it "strongly disagrees" with the decision from judge Mike Madden, and would support Smyth through an appeal.
Appeal of conviction
On Mar 14, Kennedy filed a notice of appeal of Smyth's conviction. It's asking that the appeal be allowed. It's also seeking a new trial or an acquittal for Smyth.
Kennedy gave a number of grounds for the appeal, including, "The trial judge erred in finding the Crown had proven the required specific intent beyond a reasonable doubt. The trial judge did not properly consider the applicant's testimony at trial and, the trial judge improperly used the video evidence."
Motorcycle pulled over two years ago
In May 2017, Smyth pulled over motorcyclist Sayed Husaini and issued four traffic tickets, including one for running a red light.
But video from a camera mounted on Husaini's motorcycle — which was played on the first day of trial back in January — showed the light was green when Husaini drove through it.
All the tickets were dropped and Smyth was later charged with obstruction of justice after the Alberta Serious Incident Response Team investigated.
Smyth has been suspended without pay since July, when he was charged.
He was the subject of a public inquiry after he fatally shot injured worker Don Dunphy in April 2015.
The inquiry found he responded with appropriate force in self-defence when he killed Dunphy.
Kennedy's notice of appeal is scheduled to be heard in June.
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