The Newfoundland and Labrador Court of Appeal has overturned the obstruction of justice conviction of RNC Constable Joe Smyth, and ordered a new trial.

Constable Smyth was handed a suspended sentence after being convicted in February of obstruction of justice. Smyth issued a ticket to motorcycle operator Sayed Husaini, for driving through a red light.

It was one of a number of tickets Smyth issued to Husaini on May 12th of 2017.

Video evidence presented in court showed the light was green.

Justice Lois R. Hoegg ruled that the conviction cannot stand because it was not proven that Smyth deliberately issued a ticket knowing that it was based on false information. The appeal court decision says the Judge focused exclusively on the colour of the light and did not consider Smyth’s defence in any meaningful way.

The conviction was overturned and a new trial ordered.