SYDNEY, N.S. — Two constables with the Cape Breton Regional Police testified Monday they had no reason to arrest or administer a breathalyzer test to the driver of a vehicle that killed 17-year-old Nathan Joneil Hanna of Sydney Mines in June 2018.
Constables Stephen Sibley and Paul Ratchford told a Nova Scotia Police Review Board hearing that the driver, Hayden Kenneth Laffin, now 23, did not display any of the usual signs of impairment.
Both officers said there was no smell of alcohol emanating from Laffin nor was there any slurred speech. Both said his eyes were red but they attributed the cause to his sobbing at what had happened.
“He was very polite and cooperative. I got right up in his face and there was no indication of alcohol on his breath. I had no reason to keep him there,” testified Sibley, a trained breathalyzer technician.
“He was very polite and there was no smell of alcohol,” testified Ratchford, adding Laffin appeared totally sober.
Ratchford was so convinced of Laffin's sobriety that he asked him to drive to two others – a male and a female – away from the graduation party happening at a residence on Leitches Creek Road.
Ratchford said he was using his discretion in allowing the male, described as intoxicated, to go home as opposed to taking him to lockup.
The testimony before a three-member panel of the board is an appeal of a complaint initially filed with the police service alleging officers were negligent in their duty on June 10, 2018, in failing to administer a breathalyzer and take other measures to properly investigate the death.
The complaint was filed by John Parr, Hanna’s father, and was first dealt with at the local level by an external investigation by members of the Halifax Regional Police. The final report concluded there was no disciplinary fault with how police conducted themselves.
Parr appealed to the review board which has now scheduled a two-week hearing in Sydney. As many as 20 witnesses are scheduled to testify.
Laffin was eventually charged with obstruction of justice for essentially lying to police about what initially happened.
He told investigators that Hanna suddenly appeared in the middle of the road and then collapsed.
Laffin was committed to stand trial on the charge but in July, the Public Prosecution Service announced that after a further review of the file, the charge was being dismissed.
Both Laffin and Hanna were among several hundred people to attend the high school graduation party at a residence. The rural setting provided plenty of outdoor space for the event along with the opportunity for camping for those staying the night.
Laffin was driving away from the party when Hanna was struck along the side of the road.
Sibley, who was working patrol on the night of the accident, said police dispatch had received several calls concerning the party and that he attended the scene three times.
He said initial reports suggested Hanna may have been stabbed but Sibley said in quickly examining the scene, he was thinking a traffic accident given the victims sneakers were located across the road from each other and he found small pieces of a bumper in the ditch.
He said Laffin told him he wasn’t at the party but had arrived to pick up his girlfriend.
Ratchford said there were hundreds of people on the scene and parking was on both sides of the two-lane road. He said he spoke to Laffin three times at the scene but he never asked what had happened.
The only other criminal charge filed in relation to the death was a Liquor Control Act ticket issued to the owners of the residence who hosted the party. They were charged with allowing drunkenness on their property but that charge was also later withdrawn.
The hearing continues Tuesday.
