Yellowknife (Mar 01/06) - A restorative justice process between an RCMP constable and the man injured during an Oct. 2004 arrest may never happen, say RCMP officials.

The process in the matter of Devon Herback and Const. Scot Newberry was scheduled for Feb. 23.

According to Yellowknife RCMP Supt. Rick Roy, as of Thursday the process had not yet taken place.

"The Department of Justice is organizing this, but it hasn't taken place and it may be postponed or discontinued," Roy said.

The Department of Justice refuses to either confirm or deny whether or not the process has or will ever take place.

"I can't say anything about that case at all," Justice spokesperson Lise Canton said from her Vancouver office.

She said there are no plans to issue a press release whether or not the restorative justice process takes place.

Newberry had been under investigation after an Oct. 20, 2004 altercation between him and Herback outside the Raven Pub, during which time Herback was charged with assault and resisting arrest. Herback's leg was broken during the incident.

Herback was eventually acquitted of the charges in 2005. In a territorial court judgment, Judge Brian Bruser said the officer attacked Herback and used excessive force during the arrest.

Roy said the Department of Justice asked the RCMP to defer any media calls back to them.

The office of Stuart Whitley, the senior regional director for Justice Canada in Whitehorse, has been deferring calls to the Vancouver office since questions began arising about the restorative justice process were put forward by the aunt of Herback, who said her nephew was not necessarily a willing participant in the process.

Whitley had said earlier this month that Herback had agreed to a restorative approach and was supported by his family.

Last Thursday, Denise Yuhas said her nephew approached a Fort Smith RCMP sergeant the previous day wanting to lay a formal complaint against Newberry.

"He said they could lay information, but it wouldn't go anywhere because the matter was dealt with through an alternative measures process," Yuhas said.

"Devon was expecting to have a formal charge be laid. The family was very shocked because he was under the impression he had time to make up his mind.

"He had a couple of options presented to him and when he went to do it, he discovered they had already done something.

"This is getting from bad to worse."

Herback could not be reached for comment.

Newberry said last Thursday he had to consult with his lawyer before he could speak publicly about the events.