A Court of Queen’s Bench Justice is exonerating former RM of Sherwood councillor Tim Probe on a breach of trust for a second time.

Justice Brian Scherman released his decision Monday.

In 2018, Probe had been acquitted on charges of breach and trust and municipal corruption. The Crown appealed the breach of trust charge leading to the second trial.

In February of 2016, Probe and another member of the RM of Sherwood council got together with Jeff Poissant recording the conversation in which an alleged “vote-trade” was discussed.

Justice Scherman wrote that he could not tell if there was an actual vote trade because of the poor quality of the audiotape. He also could not find that Probe acted dishonestly and that he was simply lobbying by saying he would support what Poissant wanted if his concerns on the matter were addressed.