Sentencing has been delayed in the case of Constable Jeffrey Smith.
The delay is due to a conflict of interest raised by the probation office in their pre-sentence report (PSR).
What the conflict of interest was was not made clear.
The letter was written by area manager Roxanne Brown and dated for May 6 and sent to Crown Attorney Ian Bulmer.
Defense lawyer Leo Kinahan wanted to make clear to Justice Patrick Hurley that his client did not know the probation officer in charge of writing the PSR.
Both lawyers came together on a joint submission to order a new PSR be done by a jurisdiction outside of Belleville.
An update hearing into the reasoning of the conflict of interest, as well as a potential new date for sentencing, has been made for May 14.
Constable Smith was found guilty of assault in a 2019 incident at a Taco Bell in Belleville when officers took down Mario Baptiste Jr. of Tyendinaga Mohawk Territory.
Constables Paul Fyke and Kyle Dodds were also charged in the incident, however, Fyke was found not guilty while Dodds had his charges withdrawn before the trial began.
As reported by Quinte News, a Notice of Appeal has been filed by the Crown to the Ontario Court of Appeal. The appeal is against decisions made by Justice Hurley on the charges laid against Constables Paul Fyke and Jeffrey Smith.
The notice outlines what it says are several errors in law by Justice Hurley and asks the court to allow the appeal and find Fyke guilty or to order a new trial.
The Crown is asking that an acquittal on an assault causing bodily harm charge against Constable Smith be set aside and a new trial to be ordered.
A $550,000 civil lawsuit has also been launched by Mario Baptiste Jr. against the Belleville Police Service and several police officers.
