Fredericton police officer's impaired driving trial adjourned to May 17

The impaired driving trial of suspended Fredericton Police officerConst.Darrell Brewerhas been adjourned until May 17.

After hearing from witnesses for two days,Judge BrianMcLean adjourned the trial to allow the Crown and defence time to prepare submissions to argue for the inclusion or exclusion of evidence heard during the trial.

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The case is being run as a "blended voir dire" case. That means Judge Brian McLean will decide, based on written submissions and lawyers arguments, what evidence he will allow. If he disallows the breathalyzer results, for example, the Crown might decide not to proceed with the trial.

The ruling maydetermine if the trial will continueor not. Defence lawyer T.J.Burke told the court he could establish several reasons why the breathalyzer results or certificate proving intoxication wereinadmissible.

Brewer was arrested for impaired driving on Aug. 23, 2015 after he was involved in an accident and left the scene.

A number of his colleaguestestified on the second day of the trial aboutsearching for Brewer after the accident and smelling alcohol on him when he was found at his home about an hour later.

The officers on duty testified about a request to have Bell Alianttrace or 'ping' Brewer's cellphonewhen they were trying to locate him.Burke questioned each about it.

Sgt. Mike Berry testified the request was made because they were concerned for Brewer's safety and well-being.

911 dispatcher, Philip Geberttestified he called Bell Aliantfor the request based on the information he heard on the call.

Const. JeffryMacLaggan testified he read Brewer his rightsand an RCMP officer was called in to administer the breathalyzer.

Under cross-examination he was questioned if he was sure it was Brewer who had been driving the motorcycle involved in the accident.

The court heard McLaggancame to thatconclusion because Brewer was favouring his side.

"You can't say for certain he was driving it," asked Burke to which McLaggan responded he believed Brewer was the one who was driving the motorcycle.