The judge in the ACTION fake ticket trial had rejected a defence call for a mistrial.

Friday, defence attorney Daniel Moore moved for a mistrial claiming the Crown had brought forth "brand new allegations" against his client Const. Shawn Smith during cross-examination the day before.

Smith is one of five Hamilton police officers on trial for allegedly fabricating tickets in the course of their duties on the downtown ACTION team and mounted unit in 2014.

The mounted unit officer is charged with fabricating tickets on May 6, May 21, June 17 and August 29.

The defence's grounds for a mistrial

Moore was taking issue with questions put to Smith late Thursday by Assistant Crown Attorney David King, re-igniting arguments about his client's credibility.

King's questioning suggested that there are other illegitimate tickets issued by Smith in September of that year, which was outside of the time period covered in the charges.

Moore stated that the September evidence brought forth "infringes on his client's right to a fair trial" because theses claims were "not disclosed in advance" to the defence.

'Relevant to assess Const. Smith's credibility'

However Ontario Court Justice, Pamela Borghesan shot down Moore's application because Smith himself had brought up the date in question, on which he wrote 11 tickets, in his own testimony.

She said it is now "relevant to assess Const. Smith's credibility."

Cross-examination continues

Const. Shawn Smith, who served on the Hamilton police mounted unit in 2014, is testified in his defence Friday on charges he fabricated tickets. (Kelly Bennett/CBC)

Friday, King continued his cross-examination of Smith regarding the 11 tickets Smith issued on Sept. 9, 2014 in under a four-hour time period.

The Crown highlighted that the tickets were written to eight different people. Seven of those people appeared on Smith's Post-It notes, which he used in his notebook to keep track of his "regular" offenders.

"You have no notes about any of the tickets," said King. "But you agree, if you issue provincial offence notices for open liquor it is best practice to write notes about this."

Some of the tickets were only issued five minutes apart.

The ACTION trial continues Dec. 19. Smith and constables Bhupesh Gulati, Dan Williams and Stephen Travale will be appearing in court. Const. Staci Tyldesley faces related charges and is being tried in a separate proceeding.