By Charlene Tebbutt

Local police officer appealing impaired driving conviction

Dec 4, 2018 | 3:20 PM

A local police officer who was convicted and fined for impaired driving is appealing his case to a higher Saskatchewan court.

Brett Lee Henry is appealing his impaired driving conviction. He was convicted of the single charge in Prince Albert Provincial Court in October. On Nov. 21, he was fined the mandatory minimum amount of $1,000 plus a $300 surcharge and banned from driving for one year.

Now represented by a new lawyer, Henry, 36, is asking for the conviction to be overturned, citing ineffective defence counsel and errors by the trial judge in the matter. Henry’s notice of appeal says his trial lawyer, Michael Owens, failed to object to inadmissible evidence heard during the trial, namely information from a fellow officer who testified Henry was distraught the night of the impaired driving incident in March of 2017, and that he had been crying.

The appeal states those conversations should never have been made public during the trial as they were part of private discussions between two people. Henry is now represented by Prince Albert-based lawyer Peter Abrametz Jr. 

During the lengthy trial, Henry admitted he had been drinking, but testified that he was OK to drive. Court also heard from a number of witnesses, including staff at two local bars, who said Henry consumed a number of drinks throughout the evening and should not have been behind the wheel. 

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Henry was on placed on administrative pay throughout the trial but suspended once the trial wrapped and his conviction was entered. The police service said it intends to conduct an administrative review, including any implications under the province’s Municipal Police Act.

While the appeal is before the courts, the driving prohibition has been stayed, meaning Henry can continue to drive. Henry is a 14-year member of the Prince Albert Police Service.

No date has been set for the appeal to be heard.

Charlene.tebbutt@jpbg.ca

On Twitter: @CharleneTebbutt