SOMBA K'E/YELLOWKNIFE
Reporter John McFadden shed tears Friday as a judge acquitted him of obstructing police officers by taking photos of them searching a van last summer.

Reporter John McFadden leaves the Yellowknife courthouse Friday after being found not guilty of obstructing police officers. - Shane Magee/NNSL photo

"I cannot find that he obstructed the police officers," said Judge Garth Malakoe as he read his ruling that dismantled elements of both the prosecution's and defence's case.

After the decision, the 54-year-old thanked those who have supported him.

McFadden was the courts and police reporter for Yellowknifer and News/North at the time of his arrest on July 5 of last year. He had left the Black Knight Pub shortly after midnight last year and spotted police activity on the street. He approached to find out what was happening, seeing four officers searching a van.

One officer told him to stay away, using profane language, which prompted McFadden to say he would return with his camera. When he did, he was told to stay back, to keep on the sidewalk and stay out of the way of officers. There was no police tape set up.

"This is not a situation where Mr. McFadden was given clear boundaries," Malakoe said.

The judge ruled that at several points in the trial the three officers who testified had exaggerated about what occurred.

"It is unfortunate when the court observes these traits from professional witnesses," Malakoe said. "It means the court must treat their testimony with caution."

The judge dismissed officer statements that McFadden was screaming at them and drunk.

Crown prosecutor Annie Piche did not return a request for comment by press time.

RCMP spokesperson Marie York-Condon gave a brief statement following the verdict.

"We thank our members for their diligence in preparing the disclosure for the Crown prosecution. This verdict is the result of the judicial process in which we participate and support," she said.

She declined to comment on the judge's contention that officers had exaggerated their testimony.

Bruce Valpy, managing editor of News/North, said he was pleased with the outcome.

"I think the judge did a good job and it was a fair verdict and he considered all the testimony," he said.

"It sort of lays out all the problems we've been having with the police in the lack of respect they seem to have with the press," he added, referring to how McFadden was banned from an RCMP news conference last year and how York-Condon had, in an internal e-mail obtained by another media outlet, suggested completely cutting off communication with the newspaper.

"This is yet another incident where the police could have ­ as the judge said ­ clearly and respectfully outlined where he could be as to not even irritate them. That wasn't done and they just let their emotions take over and it resulted in a very costly court case that if nothing else clearly outlines the boundaries we have to observe when we are working with the police to cover what they do," Valpy said.

Outside court, McFadden said he hopes to return to covering police and the courts.

"I don't have an ax to grind with the RCMP and I didn't in the first place," McFadden said.