Yellowknife (Feb 01/06) - The Justice Canada office in Whitehorse has concluded the investigation into the alleged assault of a Yellowknife man by Const. Scot Newberry of the Yellowknife RCMP.

Newberry was placed under investigation by the Crown after an on-duty incident between him and a Yellowknife man outside a bar, Oct. 30, 2004.

Devon Herback, then 23, was in an altercation with Newberry. During a struggle, Herback was knocked unconscious and broke his leg.

He was subsequently charged with resisting arrest and assaulting a police officer.

During Herback's March 2005 trial in territorial court, Judge Brian Bruser accused Newberry of using excessive force.

"(Herback) was enjoying the protection afforded by our laws and while under the umbrella of the rule of law, Constable Newberry attacked him," Bruser wrote in his decision. Herback was acquitted on both charges.

This week, the Whitehorse office of Justice Canada is attempting to contact Herback to present its decision in the matter, and will not release any information publicly until that happens.

That could happen today. A formal announcement of the Crown's decision is scheduled for later this week.

Yellowknife detachment of the RCMP have consistently said it is keen to have the matter resolved.

"We would like it done ASAP so we can move on with things," Sgt. Mike Payne said last July.

At that point, the RCMP had hoped the incident would be concluded by the fall.

Yellowknife RCMP Sgt. Darcy Fleury said Tuesday the RCMP are planning to release a formal statement on how they plan to proceed with the Crown's decision once Justice Canada reveals its intentions.

Newberry has been on desk duty throughout the process.

- with files from Dez Loreen