The Fredericton Police Constable Jeffrey Smiley Trial!!!

Time for a Public Inquiry!

As an observer of the two day trial of Constable Smiley, I can now only agree with Charles – there must be a public inquiry into the waste of public money spent on inept police and Crown prosecutors. The conduct of the entire Smiley case, from lack-of-investigation and failed prosecution, showed the Fredericton City Police never properly investigated the allegations against Smiley, and the two RCMP officers were just as useless.

Our tax dollars paid for Crown and defence counsel, two judges, court staff, the time and resources of at least ten cops and for Smiley to be on endless unpaid leave, plus cover for his shifts since February 2014.

The bottom line is: the police witnesses confirmed repeatedly that Smiley’s girlfriend had alleged around twenty similar incidents of what might be considered assault, yet they only chose to charge and prosecute one allegation, without proper investigation, and which did not even take place when the couple were in Fredericton City or the Province of New Brunswick. The Information laid against Smiley was a sworn statement that the police had “reasonable and probable grounds” to believe it happened in New Brunswick.

Not one of the ten, or more, police officers involved ever bothered to review all the evidence materials until just one week before the trial, when they finally found out the alleged assault happened in Nova Scotia, where the provincial police and courts have no jurisdiction. If the cops had been diligent, they could have asked the Nova Scotia police to take over the investigation, and lay charge Smiley within the six month time limit for a summary offence.

Instead, the Crown was forced to enter “no evidence” on the grounds of having no jurisdiction at the beginning of the trial, on 1^st October 2014, leaving only the charge of breach of an undertaking. Cst. Smiley’s defence counsel, T.J. Burke, also quite correctly stated that NB Chief Justice Lesley Jackson himself had ruled that a charge of breach of an undertaking requires the charge that led to the breach to be before the court. Once the original charge fails, then so must the alleged breach. Burke also argued that Crown counsel had presented no evidence to prove the guns complied with the Criminal Code of Canada description of a firearm. They must be capable of firing and causing bodily harm. He was quite right.

As for the complaint against Smiley: if only the Chief of Police and her Farce were as interested in ordinary victims. Chief Fitch heard the allegation from her brother-in-law, who heard it from his friend, who heard it from his daughter who lives next to Smiley and his girlfriend. The neighbour and alleged victim were not brought in to give evidence – quite obviously because their testimony would not stand up to scrutiny.

Matt Myers also testified that he and Smiley were not on good terms and had a very hostile interaction. Interestingly, it was Myers who arrested Smiley for breach of the undertaking, only ten hours after it had been signed, when Smiley had actually gone to the police station to voluntarily hand the guns over.

The waste of tax dollars in this matter was huge – and the question must be asked: since the eight police witnesses repeatedly testified that they had been informed of 20 or so separate acts that might constitute domestic violence or assault, have the police and Crown bungled a prosecution that leaves a serial abuser free to carry on?

This “trial” raises more questions than it answers, particularly about the incredible incompetence of the Fredericton City Police, RCMP and Crown Prosecution Services and lack of interest in their defective services by those legislated to provide them – including the City council, Minister for Public Safety and NB Police Commission. As with Charles’ unconstitutional charge under section 301, the police had many ways to resolve the issues with Smiley – including properly investigating. They rushed into charging and prosecuting, as usual, in what now seems more like a personal vendetta against one of their own than genuine criminal charges, prosecution and trial.

At the end of the two day trial, Judge David Walker looked confused and is reserving his decision until 2^nd December. I am sure he was told to find Smiley guilty, and not humiliate the useless police and Crown, but T.J. Burke played a good game. The law is technically on his client’s side and Burke is laughing all the way to the bank.

I am now even more afraid of the FPF than any so-called criminals out there.