RCMP Watch

Apr 7 2005 - CBC News

There’s been a strange reversal of fortune in a Yellowknife courtroom: A judge has acquitted a man of assaulting a police officer, saying it’s the officer who appears to be guilty.

The allegation comes from the chief judge of the territorial court.

In his judgement, Brian Bruser not only acquitted the man on trial, but wrote that he believes Const. Scott Newberry attacked the man, not the other way around.

As it came out in court, the events unfolded this way: Just before bar closing on a frigid October night, Newberry confronted the man after seeing him arguing with his girlfriend after leaving a bar.

That night Newberry – who has been on the force for less than a year and a half – was accompanied on his patrol by municipal enforcement officer Dana Jones.

She started talking to the woman. Then Newberry said something to upset the man, and the two started swearing at each other.

The 220-pound officer punched the 145-pound man in the head hard enough to knock him out. The man broke his leg as he fell to the ground.

Newberry then charged the man with assaulting a police officer and causing a disturbance.

In throwing those charges out of court, Bruser said Newberry’s testimony was often vague, evasive or unbelievable.

Following the allegations, the RCMP announced it has launched a dual investigation: an internal investigation of whether Newberry violated the RCMP code of ethics, and an investigation of whether any criminal charges should be laid.

The latter investigation will be conducted by a senior RCMP officer from outside of Yellowknife.

Newberry has been put on desk duty pending the outcome of the investigation.

It’s expected to conclude within the next month or two.