ST. JOHN'S, N.L. — The motorcyclist at the heart of RNC Const. Joe Smyth's obstruction of justice conviction was scheduled to be back in provincial court Thursday for a trial on another, unrelated traffic violation.
Sayed Husaini of St. John's was driving his motorcycle on Canada Drive when he was pulled over by a different RNC officer last June and given a ticket for having his licence plate obstructed from view.
Husaini had opted to fight the ticket, and his trial was set to take place Thursday morning. However, his lawyer attended court instead, and indicated Husaini would no longer be disputing the violation.
A ticket for failing to keep a vehicle's licence plate clean and unobstructed from view comes with a minimum fine of $100, and a maximum fine of $175.
Smyth pulled Husaini over on his motorcycle in May 2017 and issued him tickets for running a red light, illegally changing lanes, passing between cars and driving with a defective tire. Husaini fought the tickets, which were later dropped.
Husaini then made a complaint to the RNC about Smyth, providing video from a GoPro camera on his motorbike that showed he had not run through a red light. Smyth was charged with obstruction of justice and suspended without pay from the RNC. He pleaded not guilty to the charge and went to trial at the beginning of this year.
The court heard RNC Chief Joe Boland had called the Alberta Serious Incident Response Team in to review the traffic stop, and it was that investigation that led to Smyth's charge.
Husaini testified at that trial, but refused to answer certain questions on cross-examination, including queries about any past traffic offences, where he previously lived, or whether or not he had a criminal record. His GoPro footage was played for the court.
Smyth didn't deny giving Husaini the ticket when the light had actually been green, but testified he had only realized upon reviewing the video that he had made a mistake.
Two weeks ago, Smyth was found guilty of obstructing justice and was given a suspended sentence and a year of probation. He and his lawyer, Jerome Kennedy, have appealed the conviction, and that appeal is scheduled to be heard next month.
Kennedy had argued that Smyth's identity was the reason he was charged.
In April 2015, Smyth — who was at the time a member of then-premier Paul Davis's security team — shot and killed Don Dunphy at his home in Mitchell's Brook while responding to a tweet Dunphy had posted that had been deemed concerning by government officials. A subsequent inquiry found Smyth had used appropriate force in self-defence, and cleared him of any wrongdoing.
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