Yellowknife (Apr 14/06) - Whether or not a Yellowknife police officer is ultimately charged for assaulting a man nearly two years ago now rests with the Yellowknife RCMP detachment.

Devon Herback has filed a complaint against Const. Scot Newberry, stemming from an incident outside the Raven Pub in October 2004, Herback's aunt, Denise Yuhas, has confirmed.

During that incident, Herback was arrested and charged with assaulting a peace officer and obstruction of justice.

However, in territorial court in March 2005, Judge Brian Bruser dismissed the charges and accused the officer of attacking the man during the arrest.

Since then, the incident has been swirling in controversy.

Yuhas, also from Fort Smith, said she and Herback entered the Fort Smith detachment several weeks ago to file a complaint. "In that complaint he said he was assaulted by Const. Newberry," Yuhas said.

"We're waiting to see what happens. I hope this wasn't a strategy somewhere to drag this out as long as possible so it could get the same attention as a parking ticket," Yuhas said.

She also said Herback has recently hired a lawyer for whatever may lie ahead.

Pat McCloskey, chief superintendent of the RCMP in the Northwest Territories, promised to deal with the complaint.

"We have a responsibility under that legislation to report back to the individual and provide them an update every 30 days," said McCloskey.

"If they are not satisfied, they have the option of having the matter reviewed by the public complaints commission which is an arms-length organization of the RCMP."