HALIFAX - A former RCMP watchdog isn't accepting the force's argument that it was unable to launch a disciplinary review into the conduct of an officer who fatally shot a Nova Scotia man in his home in 2008.

The RCMP said it didn't carry out an internal review of Const. Jeremy Frenette in the shooting death of John Simon in Cape Breton because it couldn't urge another police agency to rush an external review.

Federal law requires the RCMP to start a disciplinary review within a year of an incident, but that time period had elapsed by the time it received a Halifax police report clearing Frenette of any criminal wrongdoing in Simon's death.

But Paul Kennedy, the former chairman of the RCMP complaints commission, said an internal review can be carried out in such cases, even if investigators are looking into possible criminal charges.

"There is no reason that a parallel investigation cannot be commenced," he said an email.

The Halifax police report concluded Frenette didn't violate any laws and shot the 44-year-old fisherman, who was allegedly drunk and suicidal, in self-defence after entering his home. The report quoted Frenette saying, "I felt he was gonna shoot me."

But that report also said Frenette contravened "established RCMP policy," and that his supervisor instructed him to stay out of Simon's house.

Kennedy said Frenette's failure to follow the staff sergeant's instructions should have prompted a disciplinary process to begin shortly after the incident.

He said some aspects of the disciplinary process could have been put on hold until the Halifax police ruled out criminal charges.

"The failure by an officer to obey a direct command by a senior officer and actions contrary to RCMP operational policy may ... be sufficient to commence a discipline investigation which may not be completed until a parallel investigation has been completed," Kennedy said.

Kennedy said the issue of internal reviews lapsing due to the one-year time limit is one that has been flagged in the past.

In 2006, a code of conduct case against RCMP Const. Justin Harris in British Columbia -- accused of having inappropriate contact with an underage prostitute -- was dropped because the one-year time limit was not met.

An internal disciplinary review also didn't occur for the same reason in the case of Robert Dziekanski, who died after he was Tasered by the RCMP at the Vancouver airport in 2007.

That same year, a federal task force led by Toronto lawyer David Brown said the RCMP should establish reasonable time periods for the completion of an investigation of a shooting incident where someone is seriously injured or dies.

In another study done for the complaints commission, Kennedy recommended that the external probes of shooting deaths shouldn't exceed six months.

Archie Kaiser, who teaches criminal law at Dalhousie University, said he also believes that the RCMP could have proceeded with an internal discipline review in the Simon case.

"I do not understand that there is an absolute barrier against starting discipline proceedings while there is an ongoing criminal investigation," said Kaiser.

The RCMP did not return messages seeking comment.

Simon's family and friends on the Wagmatcook First Nation have accused the RCMP of mismanagement and called on the provincial government to hold an inquiry into the Dec. 2, 2008, shooting. But the government has ruled that out.