Reinstated Saint John police officer Chris Messer is suing the province, the city of Miramichi and the deputy chief of the Miramichi police with the lawsuit alleging he has suffered “deprivation of freedom, mental anguish and loss of reputation” as a result of his long legal battle.
Accusations were levelled at Messer in 2010 by two convicted criminals — one who claimed Messer had uttered threats against him and another who claims Messer assaulted him. The lawsuit claims the deputy chief of the Miramichi police Brian Cummings investigated Messer as a result of these incidents and it’s alleged the investigations were performed “improperly and negligently.”
The lawsuit says in 2012 Messer was wrongfully convicted of threatening conduct and assault in connection with the incidents and was sentenced to a total of three months in jail. Messer was acquitted on the charge of threatening conduct, a new trial was ordered for the assault charge and a new indictment was filed against Messer.
The Crown is also accused of witholding evidence on a drive-by shooting of his home in 2010. Messer’s lawyer Brian Munro has called the shooting of Messer’s home and the fact no charges have been laid an affront to justice and has called out for a public inquiry.
In 2015 the Court of Queen’s Bench issued a stay of proceedings against Messer.
Messer is seeking general, special, aggravated and punitive damages, prejudgement interest, costs, and other relief.
“The Defendents’ actions constitute negligent investigation, malicious prosecution and breach of the Plaintiff’s constitutional rights, for which the Defendents are liable,” the lawsuit reads.
We have called the province, city of Miramichi and the Miramichi police department for comment. Media relations officer for the Departments of Justice and Public Safety and the Office of the Attorney General Anne Bull says via e-mail, “The department has no comment on matters that are before the court.”
None of these allegations have been proven in court.
