Yellowknife (Feb 10/06) - Denise Yuhas said she was shocked to read her nephew, Devon Herback, was to participate in a restorative justice meeting with Yellowknife RCMP Const. Scot Newberry.

Newberry has been under investigation and on administrative desk duties since last April, when an on-duty incident involving Newberry and Herback resulted in Herback being arrested, but the charges later dropped.

A judge in that case ruled the officer used "excessive force" during Herback's arrest, which triggered Newberry's current situation until a Justice Canada probe could determine what should be done with the police officer.

Justice Canada recently said there is enough evidence to proceed with a charge against Newberry, but that it wasn't in the public interest to do so. Instead, the Justice report said both have agreed to the restorative justice process, to be held in Yellowknife, Feb. 23.

Since then, people close to the incident have raised questions about whether or not the pair have agreed to this process.

"I wonder when they are going to ask the victim if he's available or if he agrees," Yuhas said from her home in Fort Smith about Herback.

"Devon is not going to be attending and he hasn't agreed to it either," Yuhas said.

"Mr. Newberry will be all alone. What type of process is that?"

Yuhas said she knows that Devon's mother spoke to the Justice Canada office in Whitehorse and was told they could take all the time they needed to make their decision.

"The next day, it's in the newspaper," she said.

"If they have less than 24 hours to make up their mind after they do an eight-month investigation, is this how they get people to do what they want - storm them with news like this?

"I feel like my family is being bullied."

Yuhas has also not heard of Herback receiving any monetary compensation as part of the process.

Other sources have told Yellowknifer that Herback is in line for a $20,000 to $40,000 pay-out.

Those sources also indicated Newberry had not agreed to a restorative justice process.

Meanwhile, Yuhas also questioned implementing the restorative justice process for such a serious incident.

"If Devon broke that officer's leg, would he be a candidate for this?"

Calls to the office of Stuart Whitley, senior regional director for Justice Canada in Whitehorse, were deferred to media relations in Vancouver. But they declined to comment, indicating that a discussion was underway with all parties involved.

Lydia Bardak, community justice co-ordinator, says she has not had contact with anyone regarding resolving the Newberry/Herback incident.

"It's certainly not through the John Howard Society or with the Yellowknife Community Justice committee," Bardak said.

She said either the RCMP or the Crown will refer cases to the community justice committee.

"And it is possible to do it pre- or post-charge," Bardak says of the process.

"In particular, when it is the RCMP referring (the case to the justice committee), there needs to be enough evidence that a charge could be laid," she said.

Newberry was out of town this week and could not be reached for comment.