Assault charge against Fredericton Const. Jeffrey Smiley dismissed
Smiley was accused of assaulting his live-in girlfriend
A domestic assault charge against Fredericton Police Force Const. Jeffrey Smiley has been dismissed over a jurisdictional issue.
Smiley, who was accused of assaulting his live-in girlfriend on Feb. 17, was scheduled to stand trial on the charge on Wednesday.
Instead, the courtroom heard it was discovered earlier this week that the alleged assault occurred at Smiley's parents's house in Nova Scotia, which meant Fredericton police did not have the authority to lay the charge.
As a result, defence lawyer T.J. Burke filed a motion to dismiss, which was granted by Judge David Walker.
A no-contact order between Smiley and the complainant was previously lifted, Burke told CBC News.
He could not say whether the couple has reconciled.
Smiley is still facing a second charge of breaching an undertaking to turn over his firearms to authorities on Feb. 27.
Crown prosecutor Bannon Morrissey called five witnesses on Wednesday, including three city police officers and two RCMP officers.
"It was very emotional, highly charged, because it involves the arrest of a member of their own policing agency," said Burke.
"In these types of situations, there aren't any winners or losers," he said.
The trial is scheduled to continue on Thursday when the Crown is expected to call one or two more witnesses.
Burke could not say whether he intends to call his client or any other witnesses to the stand.
Smiley, a decorated officer, has been suspended with pay since he was charged, pending the outcome of the criminal court proceedings.
He was released from custody in March on several conditions, including having no contact with the alleged victim. That undertaking was later varied to allow Smiley to have contact with the woman.
Smiley received the Star of Courage from the Governor General in December 2013 for pulling a 73-year-old woman from her car after it plunged into the St. John River on Jan. 8, 2012.
Smiley jumped into the frigid water to break the window and rescue Shirley Foster.
He also received a Commanding Officer Commendation in April 2012 for the rescue.