A Saint John police officer defended himself on the witness stand today declaring to the court that he is not a liar.
This comes after days of relentless questioning by the Crown and defence during the Dennis Oland murder trial.
Forensics officer Sgt. Mark Smith has been this week's only witness at the murder retrial.
Defence lawyer Michael Lacy has been probing every aspect of Smith's forensic work during the investigation, including his supervision of the crime scene.
On Friday, Lacy asked about a visit to the inner crime scene by two officers, Insp. Glen McCloskey and Sgt. Greg Oram.
Lacy wondered why a record of that visit did not appear anywhere in Smith's notes or in other court appearances.
“Not once during your preliminary hearing evidence did you volunteer about officers Oram and McCloskey being in this area?” Lacy said.
Smith agreed: “Yes,” he said.
Lacy continued: “The truth is, you weren't going to say anything about this, unless the right question was asked?”
Smith replied: “I expected the question would be asked.”
Smith spent four days on the witness stand this week, including two days under vigorous defence cross examination, but it was only toward the end of today's proceedings that he became visibly upset. He said he was being denied the right to clarify and to respond to at least one of the allegations being made against him.
It was then that Crown Prosecutor P.J. Veniot allowed Smith to further explain why the McCloskey and Oram visit went without mention.
“It was never an intention of mine to mislead the court at the preliminary hearing or at trial,” Smith told the judge. “I admit to making mistakes at the crime scene, but I am not a liar.”
The crown had no other questions for Smith, and the Dennis Oland retrial was adjourned until next week.
With files from CTV Atlantic’s Mike Cameron.
