B.C. Attorney General Wally Oppal says he will personally review the judge's reasons for throwing out impaired-driving charges against a Mountie. (CBC)

B.C. Attorney General Wally Oppal says he is not happy impaired-driving charges against an RCMP officer have been stayed, and the criminal justice branch is considering appealing the court decision.

A provincial court judge last week ordered a stay of two counts against North Vancouver RCMP Cpl. Darren Baker, saying the Crown failed to disclose evidence.

"It's serious, we know that, and we are not particularly happy with the results," Oppal told CBC News.

"We will have to look at the reasons for judgment. The criminal justice branch will review them. I will review them. And from that it will be determined whether or not the case should be appealed."

'There would have been other evidence,… however, the court ruled that the loss of this potential evidence interfered with the accused's right to a fair trial.'— Neil MacKenzie, B.C. criminal justice branch

The Crown has 30 days from the judge's decision to file an appeal.

Baker was charged with impaired driving after being pulled over for erratic driving in West Vancouver in December 2007.

Baker was to be tried in North Vancouver provincial court, but the case was moved to Surrey to avoid a possible conflict because of his connection with the justice system in North Vancouver, Crown prosecutor Neil MacKenzie said.

During the process, prosecutors overlooked a request by the defence to provide a key piece of evidence — a videotape of the West Vancouver police cellblock where Baker's breathalyzer sample was taken. By the time they realized their mistake, the tape had been recycled.

Crown prosecutor Neil MacKenzie says it was a simple mistake that led to the stay of charges against Cpl. Darren Baker. (CBC)

"All I can say is the request was received by the Crown and it wasn't forwarded to police prior to the 90-day retention period for the video being saved," MacKenzie said.

"There would have been other evidence, and the Crown would have presented that other evidence, however, the court ruled that the loss of this potential evidence interfered with the accused's right to a fair trial."

The Pivot Legal Society, a non-profit legal watchdog, said the bungling of this case adds to the public's loss of faith in the justice system.

"It's another nail in the coffin, and it's another reason for us to really commit to changing that system," said Doug King, a lawyer with the society.

North Vancouver RCMP said it's unfortunate the case didn't go to trial, and the force would have preferred a complete public airing of it.

Some people "are going to feel that something has taken place to demonstrate favouritism toward a police officer or to circumvent the criminal charge. And that's certainly not the case," Insp. Les Flewelling said Wednesday.

Baker is not completely off the hook. He still faces an internal RCMP disciplinary hearing next month.

RCMP spokesman Sgt. Tim Shields said the stay of the criminal charges has no bearing on the Mounties' own internal investigation.

"He could face a number of sanctions that range from operational guidance to reduction in pay or a demotion, even all the way up to dismissal," Shields said.

Officer was school liaison

Baker was an RCMP school liaison officer before being charged, and moved to desk duty after the incident.

North Vancouver RCMP Const. Marlene Morton said the school liaison position has since been filled by another officer.

"At the present time, Cpl. Baker is off work for personal reasons. He's expected to be coming back to work in the next couple of weeks," Morton said Tuesday.

RCMP headquarters only revealed in October that Baker had been charged with impaired driving, 10 months after the incident. They blamed the delay in disclosure on a communications breakdown. The case was one of four incidents involving Lower Mainland-area police officers that were revealed last fall.