19 Apr 2006 – CBC News
Justice Canada has decided not to prosecute an RCMP officer in Yellowknife, even though a judge ruled he attacked a man and used excessive force.
In an e-mail statement issued Tuesday, Justice Canada provided little explanation for its decision to not charge Const. Scot Newberry.
In a court ruling in April 2005, the chief judge of the territorial court said he believed Newberry attacked Devon Herback during an argument outside a Yellowknife bar in October 2004.
Judge Brian Bruser tossed out charges of assaulting a police officer and obstruction of justice against Herback.
Bruser said he felt Newberry had used excessive force, and called his testimony during the trial “vague, evasive, implausible, or simply unbelievable or unreliable.”
Justice officials sought two separate independent opinions on whether charges should be laid against the Mountie.
Last week, the CBC gained access to the second opinion, which concluded that pursuing charges would not be in the public interest.
The opinion, from the Alberta Justice Department, said the long delay between the incident and any laying of charges would likely complicate the proceedings and could be considered an abuse of process.
As it came out in court, Newberry confronted Herback when he saw him arguing with his girlfriend after leaving a bar.
The two men began to argue. Eventually Newberry, who weighed 220 pounds, punched the 145-pound Herback in the head hard enough to knock him out.
Newberry then charged the man with assaulting a police officer and causing a disturbance.
A Justice spokeswoman said neither she nor anyone else in the department would answer any questions about the decision.
The RCMP have scheduled a news conference Wednesday to talk about the case.
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