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Almost a year after being charged with committing an indecent act, a Calgary police officer on Monday had his name cleared.
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Crown prosecutor Ryan Seifried told Justice John Bascom the charge against Const. Daryn Emmett was being withdrawn.
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Seifried did not put on the record the reason the allegation was being dropped, but cases are routinely reviewed to determine the likelihood of a conviction.
Defence lawyer Shamsher Kothari said the decision was the right one.
“I am obviously happy with the outcome of this matter,” he said in a text.
“When experienced Crown attorneys exercise their discretion to end a prosecution it is not done lightly. This was the correct decision.”
Officer has since retired
Emmett, 55, was scheduled to go on trial on Monday. The 12-year member of the Calgary Police Service had been put on administrative leave pending the outcome of the case, but Kothari said he has since retired.
The lawyer said if the case had proceeded to trial his client would have vehemently fought the allegation he had conducted himself illegally while being treated by a registered massage therapist.
“My client has maintained his innocence from the outset of this case and that position and his not guilty plea did not change,” Kothari said.
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“Crown prosecutors are always assessing their case for reasonable likelihood of conviction. That process continues even when a trial commences,” he said.
“The Crown was able to make that positive determination before any trial evidence was necessary.”
Emmett was charged last July 20, in connection with an off-duty incident.
Police said at the time Emmett was placed on administrative leave, but was not subject to any disciplinary proceedings.
“As the incident occurred off-duty, any potential for internal discipline will depend on the outcome of the criminal case,” police said in a news release.
KMartin@postmedia.com
Twitter: @KMartinCourts
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