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SOMBA K'E/YELLOWKNIFE
An NWT RCMP officer refuted damning testimony from his fellow officers during an impaired driving hearing held in Yellowknife on Thursday.

Behchoko RCMP officer Const. Trent Hayward was in court last Thursday on drinking and driving charges from 2010. He will have to wait until mid-Dec. to learn his fate. - NNSL file photo

Const. Trent Hayward was arrested and charged with operation of a motor vehicle while under the influence of alcohol in the early morning hours of Saturday, Nov. 13, 2010.

Arresting officer Cpl. Matt Hare pulled Hayward over just past Boundary Creek -- 20 km north of Yellowknife -- after receiving a tip there was a drunk driver on the highway heading to Behchoko.

Taking the stand in his own defence, Hayward testified that on the Friday night before he was arrested, he came to Yellowknife to visit his girlfriend. He had worked the day shift from 8 a.m. to 4 p.m. and was on night shift for Saturday.

The two went out to Boston Pizza for dinner at about 7:30 p.m. with three other friends. Hayward said he had two pints of beer during dinner while the other members of his party were drinking heavily.

At about 10:30 p.m., the group went to the Gold Range, where they stayed until about 12:45 a.m. During this time, Hayward said he drank two bottles of Corona and at one point saw Hare walk by his table, but did not speak to him.

While leaving the Gold Range, Hayward and his girlfriend began to argue.

“I didn’t want to fight. I didn’t want to argue. I was sober and I just wanted to go home and go to bed,” Hayward told the court.

Hare testified that he spoke with Hayward on the street outside the Gold Range at about 1:50 a.m. During this time, Hare said he observed Hayward had very slurred speech and was having trouble standing up.

Hayward recalled the conversation differently, testifying that he exchanged quick salutations on the street with Hare, and that was all.

After leaving Range Street, Hayward testified that he stopped at the Legion to see if his father was bartending, which he wasn’t, then went into Headgear – which he co-owns with his father.

After a phone conversation with his girlfriend, he decided he wanted to go home rather than head back to her place, He left Yellowknife at about 3:45 a.m.

Hare testified that when Hayward was in the backseat of his police cruiser, he talked about how he didn’t have anywhere else to go so he was trying to get home to bed. Hayward denies the conversation happened, saying he was trying to explain to Hare that he wasn’t impaired.

“I was co-operative and compliant the whole time,” Hayward said, adding that originally, Hare told him he would be getting a 24-hour suspension and then later announced that he would be charged with a full impaired.

Hare testified there was a problem with administering Hayward's breathalyzer. According to testimony, the solution for the intoxicator had expired and there was no more solution at the Yellowknife detachment.

Hayward was stopped at 4:03 a.m. and was arrested for impaired driving at 4:14 a.m. At 5:30 a.m., the officers were advised there was no solution at the Yellowknife detachment to administer a breathalyzer.

Sgt. Dennis McLeod and Hare decided that it was “impractical” to take him to another detachment to take the sample, Hare testified.

McLeod told the court he arrived at the Yellowknife detachment at approximately 5:30 a.m. and spoke with Hayward in the station's booking area.

McLeod said he noticed a strong smell of liquor and that Hayward had red eyes and slurred speech. He also observed that when Hayward pulled out his phone to call someone, he struggled with it and was hitting two buttons at once.

“I know Mr. Hayward. I’ve worked with him numerous times and I had never seen him like that,” McLeod said.

Though both sides have finished presenting their cases, the trial was adjourned until Dec. 13 at 1:30 p.m.

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