The test for the Royal Newfoundland officer Joe Smith – accused of obstruction of justice during a traffic stop – started on Monday, with the motorcycle driver, criticizing Smyth as "rude and unprofessional" during an incident in May 2017.
Sayed Husaini, who lives in St. John's, testified in a courtroom in the city of St. John, Smith pulled him and said that months earlier, someone evades police on a motorcycle that was traveling Husaini.
"[Smyth] said: "The Park, because we will have a long conversation," recalled Husaini.
"He was very angry, and I could see his gun."
Smith was the subject of a judicial inquiry called over, he shot the injured worker Don Dunya in 2015 Mitchells Brook.
Husaini told the court Smith said he was going to give him "every ticket possible."
Smith issued four tickets to Husaini for 12 my 2017 incident: a red light, passing between cars, illegal lane change and control with a damaged tire.
"He leaned over to me, he was very close." Smith says the witness. The court is currently Smith Attorneys Jerome Kennedy takes issue with the way the witness is looking at Smith. The judge asked the witness to look at it and lawyers
Husaini showed that he had a GoPro camera on his motorcycle, and that if he considered the pictures, he did not run a red light. Then he decided to fight the tickets.
In the end, the tickets were dropped against Husaini.
Crown is now conducting the charge of obstruction of justice against Smith.
GoPro footage played in court on Monday and shows the traffic light was green when Husaini passed through it.
Smith's lawyer, Jerome Kennedy, said Smith had made a mistake in issuing tickets.
The trial is expected to take three days.
Smith suspended without pay
Commissioner Leo Barry, who was in charge of the judicial investigation Duoy death, concluded that Smith "demonstrated some errors of judgment and inconsistency with the aspects of his training, but responded with appropriate force when Mr. dunya without warning, threatened him with a rifle."
If the obstruction of justice charge was laid in July 2018, NRC Chief Joe Boland announced Smith was suspended without pay until further notice.
"I want to reassure the public that the bad behavior of any police officer not Srna from the & # 39 is acceptable and will not be tolerated in the police service," said Boland at the time.
It was a team of Albert Sur & # 39; Serious Incident Response (ASIRT), who investigated the stop motion – after Boland asked another agency called in – in which the person to be penalized "for a crime that did not happen," according previously issued statements on ASIRT.
In July, Kennedy said, "I believe that the evidence that ASIRT disclosed does not, or will not, support the charge that has been laid."
"The residual effect of the request [into the death of Don Dunphy] and I believe that the fact of who he is certainly playing into what's going on here, "he added.
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