Yellowknife (Apr 08/05) - A Yellowknife police officer is under investigation following allegations he attacked a man outside a downtown bar last year.

RCMP Const. Scot Newberry has been placed on "administrative duties" pending two internal investigations in a case that has raised serious questions about the lines of communication between police and Crown prosecutors.

Territorial Court Chief Judge Brian Bruser said Newberry used "excessive force" when he punched Devon Herback, 23, in the head Oct. 30. The blow knocked Herback unconscious and he collapsed to the ground, breaking his leg.

"(Herback) was enjoying the protection afforded by our laws and... Constable Newberry attacked him," Bruser said during a court hearing in Yellowknife, March 4.

Herback said he was pleased the RCMP is taking action.

"The investigation is good," said Herback.

He declined to comment on whether he will file a civil suit against police, but Herback's defence lawyer said Newberry overstepped his bounds.

"Having sat through the trial, I was not surprised with the strong wording of (Bruser's ruling)," said Kelly Payne.

"The decision sets out pretty clear boundaries for what is acceptable behaviour for the RCMP and what is not."

News of the ruling and its harsh criticism of Newberry did not reach RCMP upper management until Yellowknifer contacted the detachment Tuesday afternoon.

Insp. Greg Morrow, head of policing in the Northwest Territories, said he has serious concerns about the delay.

Morrow said the Crown attorney handling the case should have passed the decision onto his supervisor, who should have then relayed it to the RCMP.

Head Crown attorney Sadie Bond said her office has no procedure in place for reporting a decision like Bruser's, but the prosecutor on the case made her aware of the ruling in a "general way."

Bond said because of time constraints, she had not reviewed the ruling until April 5.

"I would want to review any decision carefully before deciding if something needs to be brought to the attention of the RCMP," Bond said.

Outside investigation

An officer from outside Yellowknife has been assigned to investigate the accusations against Newberry, Morrow said. The officer will report directly to the inspector, who will then consult with Crown prosecutors.

An internal investigation was also launched to determine if Newberry violated the RCMP code of conduct.

"I'm not into cover ups," Morrow said. "Our investigation will flush out the facts. I will guarantee you that."

The accusations against Newberry surfaced during a February court hearing, where Herback was on trial for assaulting a police officer and obstruction of justice stemming from an incident outside of the Raven Pub in downtown Yellowknife.

Herback testified he left the nightspot shortly before closing time with his girlfriend, Lacey Catholique, 21. The pair were arguing on the street when Newberry and off duty Municipal Enforcement officer Dana Jones, who was in the police vehicle, saw Catholique slap her boyfriend in the face.

Herback grabbed her arm, prompting Newberry to approach the couple.

According to court documents, the confrontation escalated to the point where Newberry punched Herback in the temple.

Newberry said Herback tried to kick him on the leg, testimony judge Bruser dismissed as "implausible or simply unbelievable or unreliable."

"It was the officer who escalated the hostilities," Bruser wrote. "(Herback) was not looking for a fight with police. All he wanted to do was go home."

"These are very serious allegations, particularly from a judge," Morrow said. "We will be re-examining the incident with a view to assessing both the member's actions at the scene and his testimony in court."

A spokesperson for the territorial Department of Justice said senior officials had discussed the case with the RCMP, though the department will not play a direct role in the investigation. Crown attorneys in the Northwest Territories fall under the purview of the federal government.

Today in territorial court, Catholique is scheduled to stand trail for assault, accused of punching Jones during the incident outside the Raven.