Police officer suspended after being convicted of impaired driving

Veteran of P.A. service to be paid during ‘administrative review’ of court decision

PRINCE ALBERT A 14-year veteran of the Prince Albert city police is guilty of impaired driving, a judge ruled.

Provincial court Judge Hugh Harradence convicted Const. Brett Henry of impaired driving on Friday.

In a news release, Prince Albert police said Henry is suspended with pay “to allow an internal administrative review of the Court’s decision ... it will also respect the Constable’s ability to appeal the Court’s decision.”

Staff at a restaurant reported Henry when he drove away from the establishment on May 3, 2017, after drinking seven drinks, each containing two ounces of alcohol.

During his trial, he admitted having earlier consumed five 20oz schooners of beer at a sports bar.

He drove in spite of multiple offers for a taxi or a ride home. Several people, including servers, a bartender and witnesses who sat with him that night, said he had balance issues, smelled of alcohol and was slurring.

Henry refused to comment after court was adjourned Friday, saying only “It is what it is.” He is due back in court on Nov. 21 for sentencing.

The case was argued without physical evidence, such as a breathalyzer test, because Henry was not pulled over by police. The Crown built its case on video surveillance and testimony from 13 witnesses, including several people who ran into him that night, as well as opinion evidence from an expert witness regarding the effects of alcohol on the body.

Defence lawyer Michael Owens argued that no evidence was presented in court to show Henry drove badly on the night in question. During cross-examination, he asked each of the witnesses if they would know how Henry speaks and behaves on a regular basis. Most couldn’t say.

Only one witness, fellow officer Const. Darcy Bear, said he knows Henry and considers him a friend.

Bear said Henry called him that night for a ride, but he was working and was unable to do it. He said they later spoke near a bar after Henry drove himself there from the restaurant, and Henry smelled of alcohol, was unsteady on his feet and was slurring.

Harradence said witness testimony matched what he saw in surveillance footage, and correlated with the expert witness’s testimony about the effects of alcohol impairment.

The defence called two witnesses: Henry himself and one of his acquaintances, Debbie McDougall, who said she spoke with him at the bar he visited after the restaurant.

She said Henry’s balance was normal, that she did not smell alcohol on his breath, and that she thought he was sober.

Henry admitted he drank five schooners and seven two-ounce mixed drinks that night, but denied that he was impaired.

Harradence characterized Henry’s evidence as “unreliable,” and said McDougall’s testimony was “untruthful.”

Harradence said he would have to be persuaded to sentence Henry to anything harsher than the minimum penalty for impaired driving — a fine and a driving prohibition.