RCMP Const. Jeffry Monkman was found guilty this morning of careless driving in the highway rollover that killed his prisoner, 38-year-old Heather Benson of Tagish.

Deputy territorial court Judge Cunliffe Barnett fined Monkman $1,000, the maximum fine for the offence under the Yukon's Motor Vehicle Act.

Benson died in September 2003 after she was thrown from the police cruiser when it left the South Klondike Highway north of Lewes Lake.

Barnett said in his 10-page written decision delivered this morning it was likely Monkman fell asleep while transporting Benson from Tagish to Whitehorse under what the judge suggested was a false sense of urgency.

If anything, he wrote, the arresting officer should have been exercising more caution than normal while driving, and not speeding the way he was to Whitehorse.

There was the darkness in the early-morning hours, the propensity for wildlife on the highway, the fact he wouldn't be able to get his prisoner before a judge until 10 a.m. in any case, and that he knew he was tired, having worked 19 1/2 hours, the judge pointed out.

'I have asked myself if it can truly be said that Const. Monkman merely suffered a momentary lapse or made a minor error in judgment for which he cannot fairly be faulted,' reads the decision.

'I am convinced beyond all reasonable doubt that the answer to those questions can only be no' and that Const Monkman's guilt has been proved.'

The officer who remains on duty sat solemnly throughout the two hours of proceedings this morning, never lifting his head from a downward stare. The trial was held over four days in early December.

Barnett also suggested there was no need to be transporting Benson to Whitehorse in the first place.

If they haven't already, senior RCMP staff in Whitehorse should immediately correct the erroneous belief held by the arresting officers that they had to bring the mother of two to Whitehorse to effect her release, the judge writes.

He pointed out both Monkman and his fellow officer, Const. Derek Turner, were wrong to believe that because Benson was arrested under the more serious indictable offence of growing marijuana, they did not have the authority to release her.

Monkman, the judge says in his decision, never considered releasing Benson because he did not understand his power as an arresting officer.

'Although I cannot know what decision Const. Monkman might properly have made in early morning hours of Sept. 27, 2003, I do know that Const. Monkman knew Heather Benson as a local resident who had no criminal record,' says the decision.

'I find it difficult to believe that he would not have released her: she was, after all, only to be charged with cultivating a decidely small number of marijuana plants.

'I have said that Const. Monkman and Const. Turner were not well informed upon this area of the law. The evidence makes clear the fact that other more senior officers in Whitehorse were also less than knowledgeable. If that is still the case, I expect that corrective measures will be taken forthwith.'

RCMP spokesman Sgt. Guy Rook said late this morning the police force is reviewing the decision and the judge's recommendation, and will make changes if appropriate and where possible.

Rook, however, would not say whether M Division has already taken steps to ensure officers are clear what authority they have as arresting officers.

Monkman is on active duty and will remain so, as there is nothing in today's decision that impedes his ability to perform, Rook said.

He said the RCMP have been and are continuing to conduct an internal disciplinary review to determine if any disciplinary mearsures are warranted. Rook said he does not know when the internal review will be complete.

During sentencing this morning, the judge, Crown prosecutor Tracy McPhee and defence lawyer Ed Horembala all concurred as tragic as the incident was, Monkman was being charged under a traffic law. He was not facing a criminal charge.

And the penalty should be viewed as a penalty for careless driving, not in any way reflective of Benson's life, they agreed.

Monkman was described this morning as a stellar individual in uniform and out of uniform.

The Manitoba Metis of Cree and caucasion descent has made it his business to be intimately involved in the communities he serves, particularly with youth, the court heard.

In one letter of reference from a long-serving officer who recently retired but was Monkman's watch commander after he was transferred to Whitehorse after the incident, Monkman is described as an officer who works tirelessly on his files.

He is man of compassion who shows respect for both victims and offenders, Horembala read from the letter.

He also noted the retiring officer who has worked with hundreds of other officers in his 33 years' service has put Monkman in the top 10 per cent of those he's worked with.

The judge said he's convinced of Monkman's good character in and out of uniform. He has some knowledge, for instance, of the remote aboriginal community in Manitoba that Monkman first served in, where he received admiration for the work he did there.

'It's not easy to earn a reputation that Const. Monkman has earned there,' Barnett said during sentencing. 'Const. Monkman has contributed a great deal to the communities where he has worked as a police officer.'

Among the letters of support from Carcross, the judge noted, are the names of those he recognizes as community leaders.

Also testimony to Monkman's commitment to the community is his continuing dedication to do volunteer work with youth in Whitehorse, in the light of all that has happened, under circumstances that would have driven most into a shell, Horembala told the court.

Barnett also noted, however, that it was perhaps Monkman's tireless work that was a factor in the accident. He had worked 19 1/2 hours, the judge noted, and when you're tired, you can make mistakes.

Evidence before the court indicates Monkman had reported for duty on the morning of Sept. 26, 2003 and worked on routine matters through the day.

In his ongoing investigation into a sexual assault complaint, he drove to Benson's home in Tagish at 8 p.m., but nobody was home. Upon peering into the window, Monkman noticed pot plants growing inside the house.

He called Turner to assist and watch the home while he returned to Carcross to obtain a search warrant.

The day was prolonged by Monkman's inexperience obtaining a search warrant, with the justice of the peace on call twice having rejected the documentation before finally issuing the warrant at 3:15 a.m., it's noted in the judge's decision.

An agitated, angry and upset Benson was arrested and handcuffed at 3:40 a.m., and placed in the police car. (Evidence during the December trial also suggested provisions were made at the time to have a neighbour take Benson's daughter into care.)

The judge notes there is conflicting testimony about how fast Monkman was driving, but there is no question it was in excess of the speed limit, by Monkman's own admission.

Monkman said he did not fall asleep, but rather the accident occurred right after he'd glanced back over his shoulder to check on Benson, who'd been told to put a seat belt on but had not.

It was as he was coming out of a shallow corner that he suddenly found himself being pulled into the shoulder.

Accident reconstruction evidence shows that the police car went down the bank in the northbound lane, then came back up, crossed the highway and flipped in ditch of the southbound lane.

An RCMP accident investigator testified it was likely Monkman fell asleep for a second.

In his decision, Barnett writes that he believes the officer fell asleep. Even if he hadn't, however, and had the accident happened as Monkman described it, the officer chose a poor time, while navigating a corner, to look back over his shoulder, the judge writes.

Rook said the police force is paying Monkman's legal fees for the territory's most senior defence lawyer, though how much has been paid is a private matter protected by lawyer-client confidentiality provision. The police will also be paying the fine.

A civil suit has been filed against the RCMP by Benson's family.

The judge instructed the clerk of the court to send copies of his decision to Benson's parents in New Brunswick and her ex-husband and father of her two children, who lives in Saskatchewan with the children.