Taser Inc. must be happy that the RCMP have made themselves look so bad that the heat is off concerning the tasers themselves to some extent!
The RCMP have taken the usual tack of trying to defend themselves and in doing so trying to mislead the public as well as spending a lot of taxpayer money to go to Poland on a witch hunt trying to dig up dirt on Dziekanski. This is a very sordid affair. Not only are the officiers directly involved blameworthy but so are the higherups who love coverups.
This is from Canwest.
Taser inquiry postponed after new misconduct evidence.
Canwest News ServiceJune 19, 2009
VANCOUVER - Closing submissions at the inquiry looking into the death of Polish immigrant Robert Dziekanski have been postponed after the inquiry heard late evidence about misconduct by the RCMP officers involved in the Tasering death.
Lawyers for the Department of Justice have given the inquiry an internal RCMP e-mail between two senior RCMP members dated Nov. 5, 2007 which says the four Mounties who confronted Dziekanski discussed their strategy before they entered the Vancouver airport and agreed to Taser the man if he did not comply with orders.
During their testimony, the officers all claimed they did not talk to each other before going into the international terminal at the airport.
The late disclosure prompted tears from federal government lawyer Helen Roberts as she tried to explain why that crucial information was overlooked when it was given to her team more than a month ago.
``Canada continues, as it has all along, to fully support the work of this commission,'' she said. ``I do say, it was by oversight that this occurred.''
Roberts has taken full responsibility for the failure to disclose the e-mail in a timely manner.
Commission counsel Art Vertlieb said the late disclosure of the e-mail as evidence had resulted in a ``complete disruption of the process.''
``As you know Mr. Commissioner - you and your council have taken every possible step to prevent this from occurring. We don't want this to happen again,'' he said.
``We will need complete disclosure, and complete assurances of complete disclosure.''
Closing submissions in the Taser inquiry were scheduled to begin Friday, however they were postponed until the council's investigations are complete.
© Copyright (c) Canwest News Service
Showing posts with label Dziekanski taser incident. Show all posts
Showing posts with label Dziekanski taser incident. Show all posts
Saturday, June 20, 2009
Thursday, April 23, 2009
RCMP spokesman told to hold off correcting false details of Dziekanski incident.
The agreed policy was said to be this:
The two had agreed at the outset the best strategy was to get timely and accurate information out to the media without compromising the investigation, the inquiry heard.
But the actual policy was to hold off getting out timely and accurate information and to present false information but no doubt without compromising the investigation which was doing its best to avoid the graphic details of the video which contradicts the official story.
It is hard to overemphasize the degree to which this inquiry brings discredit upon the RCMP. Even retired RCMP officers have come forward (on CBC) and criticised the inquiry having felt ashamed themselves as what is happening. Don't expect much if anything to change however or for anyone to be held accountable.
ting false details of Dziekanski incident, inquiry hears
Last Updated: Wednesday, April 22, 2009 5:15 PM PT
CBC News
RCMP Cpl. Dale Carr said a decision was made not to acknowledge the existence of the witness video shot by bystander Paul Pritchard. (CBC)
The head of the Lower Mainland's Integrated Homicide Investigation Team decided not to correct misinformation police had given to the media in 2007 about the use of a Taser against Robert Dziekanski at Vancouver airport, a public inquiry heard Wednesday.
Cpl. Dale Carr, the unit's spokesman, testified Wednesday at the Braidwood inquiry that it was clear within two days of Dziekanski's death on Oct. 14, 2007, that some of the information being provided to the media was inaccurate.
In the first two days after Dziekanski died, the RCMP's public statements on the incident contained false information about how many officers were involved, how many times Dziekanski was stunned and what state Dziekanski was in (initial reports described him as violent with police when, in fact, he had been calm).
Police originally said they only discharged their Taser twice whereas it was subsequently revealed they had fired it five times. The RCMP also repeatedly said three Mounties were involved in the incident while a video taken by a civilian on the scene that emerged afterward showed four men in RCMP uniforms.
'My direction was to hold on: "We will not talk about evidence. Everything will be corrected eventually".'— RCMP Cpl. Dale Carr
The RCMP also said they didn't use pepper spray on Dziekanski because of the large number of people at the airport at the time. But the video shows Dziekanski standing alone with the four officers in an otherwise empty area, which is separated from the airport's public area by a thick glass wall.
Carr testified Wednesday he went to Supt. Wayne Rideout, the head of the homicide investigation team, seeking to correct the record.
"My direction was to hold on: 'We will not talk about evidence. Everything will be corrected eventually. It's just not going to be right now'," Carr testified.
Carr testified the source of some of the first inaccurate police accounts about Dziekanski came from Carr's notes, which describe the Polish immigrant as agitated and combative.
He said the notes were based on information he was given at a briefing at the RCMP detachment in Richmond a few hours after Dziekanski died.RCMP Sgt. Pierre Lemaitre testified Tueday at the Braidwood inquiry that he only passed on to reporters what investigators had told him. (CBC)
The briefing was attended by senior RCMP spokesman Sgt. Pierre Lemaitre, investigators and Cpl. Monty Robinson, the officer in charge of the four Mounties who confronted Dziekanski at the airport.
The witness video, shot by Paul Pritchard, who was returning to Victoria from China that night, was played on a laptop computer during the briefing, the inquiry heard.
"I have made notes that he [Dziekanski] was seen throwing stuff around, that he was in an agitated state. He grabbed a computer. YVR [Vancouver Airport] security attempted to intervene," Carr testified.
"I have a note here that says RCMP arrived. I've got in brackets, four members … swinging an article at members, members attempt to control verbally. He was non-compliant. CEW [Conducted Energy Weapon] used and once on ground, continued to fight," Carr read his notes to court.
Carr's information was passed on to Lemaitre, who made the first police statements about the Dziekanski incident to reporters, the inquiry heard.
Dziekanski died on the airport's floor shortly after being shocked five times by a police Taser. Robinson and three other RCMP officers — Const. Gerry Rundel, Const. Bill Bentley and Const. Kwesi Millington — had been deployed to the international arrivals lounge in response to reports that Dziekanski was throwing furniture and causing a scene.The Mounties were called to Vancouver airport after Dziekanski's behaviour turned unruly in the early hours of Oct. 14, 2007. They stunned him within seconds of arriving, and he died shortly after. (Paul Pritchard)
Carr also testified a decision was made not to acknowledge the existence of the witness video.
"Very commonly, we never talk about all our evidence that we have gathered. We just don't do that. And unless it was asked of us directly we are not going to talk about that type of thing," Carr told the inquiry.
Pritchard had to go court to get his video back from the RCMP, which was later broadcast in the media, shedding light on the last moments of Dziekanski's life and sparking an international outcry at the inaccuracies in the police accounts of the incident.
In his testimony Tuesday, Lemaitre said the information he told the media came from Carr, adding that his personal reputation suffered because he was the public face of the first police accounts of the incident.
Carr testified Wednesday that he was at Lemaitre's side for media scrums at the airport but paid little attention to what the senior spokesman was saying.
Carr suggested Lemaitre might have embellished some facts, including the number of times Dziekanski was stunned.
"I gave Sgt. Lemaitre the information that's here in my notebook," Carr said. "Additional information, additional editorial comments that Sgt. Lemaitre made, I can't be confident that I gave him that information."
Lemaitre was taken off the case after 48 hours, mainly for logistical reasons, Carr said.
The two had agreed at the outset the best strategy was to get timely and accurate information out to the media without compromising the investigation, the inquiry heard.
The provincially mandated inquiry was called in the wake of Dziekanski's death and is being overseen by Thomas Braidwood, a retired B.C. Court of Appeal justice. Braidwood will make recommendations to prevent similar deaths, and he could make findings of misconduct against the officers or anyone else involved.With files from The Canadian Press
The two had agreed at the outset the best strategy was to get timely and accurate information out to the media without compromising the investigation, the inquiry heard.
But the actual policy was to hold off getting out timely and accurate information and to present false information but no doubt without compromising the investigation which was doing its best to avoid the graphic details of the video which contradicts the official story.
It is hard to overemphasize the degree to which this inquiry brings discredit upon the RCMP. Even retired RCMP officers have come forward (on CBC) and criticised the inquiry having felt ashamed themselves as what is happening. Don't expect much if anything to change however or for anyone to be held accountable.
ting false details of Dziekanski incident, inquiry hears
Last Updated: Wednesday, April 22, 2009 5:15 PM PT
CBC News
RCMP Cpl. Dale Carr said a decision was made not to acknowledge the existence of the witness video shot by bystander Paul Pritchard. (CBC)
The head of the Lower Mainland's Integrated Homicide Investigation Team decided not to correct misinformation police had given to the media in 2007 about the use of a Taser against Robert Dziekanski at Vancouver airport, a public inquiry heard Wednesday.
Cpl. Dale Carr, the unit's spokesman, testified Wednesday at the Braidwood inquiry that it was clear within two days of Dziekanski's death on Oct. 14, 2007, that some of the information being provided to the media was inaccurate.
In the first two days after Dziekanski died, the RCMP's public statements on the incident contained false information about how many officers were involved, how many times Dziekanski was stunned and what state Dziekanski was in (initial reports described him as violent with police when, in fact, he had been calm).
Police originally said they only discharged their Taser twice whereas it was subsequently revealed they had fired it five times. The RCMP also repeatedly said three Mounties were involved in the incident while a video taken by a civilian on the scene that emerged afterward showed four men in RCMP uniforms.
'My direction was to hold on: "We will not talk about evidence. Everything will be corrected eventually".'— RCMP Cpl. Dale Carr
The RCMP also said they didn't use pepper spray on Dziekanski because of the large number of people at the airport at the time. But the video shows Dziekanski standing alone with the four officers in an otherwise empty area, which is separated from the airport's public area by a thick glass wall.
Carr testified Wednesday he went to Supt. Wayne Rideout, the head of the homicide investigation team, seeking to correct the record.
"My direction was to hold on: 'We will not talk about evidence. Everything will be corrected eventually. It's just not going to be right now'," Carr testified.
Carr testified the source of some of the first inaccurate police accounts about Dziekanski came from Carr's notes, which describe the Polish immigrant as agitated and combative.
He said the notes were based on information he was given at a briefing at the RCMP detachment in Richmond a few hours after Dziekanski died.RCMP Sgt. Pierre Lemaitre testified Tueday at the Braidwood inquiry that he only passed on to reporters what investigators had told him. (CBC)
The briefing was attended by senior RCMP spokesman Sgt. Pierre Lemaitre, investigators and Cpl. Monty Robinson, the officer in charge of the four Mounties who confronted Dziekanski at the airport.
The witness video, shot by Paul Pritchard, who was returning to Victoria from China that night, was played on a laptop computer during the briefing, the inquiry heard.
"I have made notes that he [Dziekanski] was seen throwing stuff around, that he was in an agitated state. He grabbed a computer. YVR [Vancouver Airport] security attempted to intervene," Carr testified.
"I have a note here that says RCMP arrived. I've got in brackets, four members … swinging an article at members, members attempt to control verbally. He was non-compliant. CEW [Conducted Energy Weapon] used and once on ground, continued to fight," Carr read his notes to court.
Carr's information was passed on to Lemaitre, who made the first police statements about the Dziekanski incident to reporters, the inquiry heard.
Dziekanski died on the airport's floor shortly after being shocked five times by a police Taser. Robinson and three other RCMP officers — Const. Gerry Rundel, Const. Bill Bentley and Const. Kwesi Millington — had been deployed to the international arrivals lounge in response to reports that Dziekanski was throwing furniture and causing a scene.The Mounties were called to Vancouver airport after Dziekanski's behaviour turned unruly in the early hours of Oct. 14, 2007. They stunned him within seconds of arriving, and he died shortly after. (Paul Pritchard)
Carr also testified a decision was made not to acknowledge the existence of the witness video.
"Very commonly, we never talk about all our evidence that we have gathered. We just don't do that. And unless it was asked of us directly we are not going to talk about that type of thing," Carr told the inquiry.
Pritchard had to go court to get his video back from the RCMP, which was later broadcast in the media, shedding light on the last moments of Dziekanski's life and sparking an international outcry at the inaccuracies in the police accounts of the incident.
In his testimony Tuesday, Lemaitre said the information he told the media came from Carr, adding that his personal reputation suffered because he was the public face of the first police accounts of the incident.
Carr testified Wednesday that he was at Lemaitre's side for media scrums at the airport but paid little attention to what the senior spokesman was saying.
Carr suggested Lemaitre might have embellished some facts, including the number of times Dziekanski was stunned.
"I gave Sgt. Lemaitre the information that's here in my notebook," Carr said. "Additional information, additional editorial comments that Sgt. Lemaitre made, I can't be confident that I gave him that information."
Lemaitre was taken off the case after 48 hours, mainly for logistical reasons, Carr said.
The two had agreed at the outset the best strategy was to get timely and accurate information out to the media without compromising the investigation, the inquiry heard.
The provincially mandated inquiry was called in the wake of Dziekanski's death and is being overseen by Thomas Braidwood, a retired B.C. Court of Appeal justice. Braidwood will make recommendations to prevent similar deaths, and he could make findings of misconduct against the officers or anyone else involved.With files from The Canadian Press
Saturday, April 18, 2009
Expert tells Taser inquiry Mountie's reaction to Dziekanski reasonable
Reasonable given the assumptions of the officers, assumptions which themselves are unreasonable given the evidence of the video tape of the incident which contradicts their testimony in some respects. Note this expert is himself a police seargent. Being a police officer himself this casts some doubt upon whether he can be completely unbiased. This whole report makes the RCMP look bad and the inquiry looks to be a whitewash. Our reputation has been tarnished internationally especially with the Polish govt. and people. Attempts were made to cast Dziekanski as a troublesome alcoholic by fishing for testimony in Poland that would make him look bad. It is just the investigators who look bad.
Expert tells Taser inquiry Mounties' reaction to Dziekanski reasonable
Last Updated: Thursday, April 16, 2009
The Canadian Press
RCMP were called to Vancouver's airport after Robert Dziekanski started throwing furniture in the early hours of Oct. 14, 2007. They stunned him within seconds of arriving, and he died shortly after. (Paul Pritchard)
Four RCMP officers used reasonable force when they confronted Robert Dziekanski at Vancouver's airport and stunned him several times with a Taser, a police expert said Thursday at a public inquiry into the man's death.
Because the officers believed the Polish immigrant was about to attack them or someone else with a stapler, they had reasonable grounds to use the electrical stun gun, Vancouver police Sgt. Brad Fawcett testified.
Fawcett, who provided a report to homicide investigators on the use of force against Dziekanski, said he probably would not have reacted the same way in the same situation.
Fawcett said his evaluation hinged on what the officers perceived at the time, regardless of whether those perceptions were actually correct.
"What matters in terms of the use-of-force analysis is: What was the officer's perception of the resistance?" Fawcett testified.
'In any group of officers, you'd have a range of responses — would I have done the same thing? Probably not.'— Sgt. Brad Fawcett, inquiry witness
His report elaborated on that point: "The reasonableness of a particular use of force must be judged from the perspective of a reasonable peace officer on the scene, rather than with 20/20 vision of hindsight."
Police were called after Dziekanski started throwing furniture in the early hours of Oct. 14, 2007. They stunned him within seconds of arriving, and he died shortly after.
The Taser was deployed five times, although RCMP said it's unclear how many times the device made contact with Dziekanski.
Fawcett had viewed a witness video of the fatal confrontation, but much of his report reflects statements the officers gave to investigators.Const. Gerry Rundel (top left), Const. Bill Bentley (top right), Const. Kwesi Millington (bottom left) and Cpl. Monty Robinson have not been charged in the death of Robert Dziekanski. (CBC)
The inquiry has heard that those statements conflict with the video, but Fawcett found the officers' statements were supported by the video.
For example, his report appears to accept the officers' claims that Dziekanski remained standing immediately following the first Taser jolt, with his hands clenched around the stapler. The video shows Dziekanski flail about for a few seconds before collapsing on the ground.
When one of Dziekanski's arm lifts above his head, the stapler visibly flying away, Fawcett's report describes the action as "consistent with striking or throwing."
Inaccuracies brushed aside
The report brushes aside other inaccuracies — for example, that Dziekanski had to be wrestled to the ground — as "minor in nature."
Fawcett agreed with the officers that Dziekanski appeared to be fighting back after he collapsed to the floor. He said it doesn't matter whether Dziekanski was actually resisting or whether he was reacting to the pain of the Taser.
"If the officer perceived it to be a response to the push-stun [Taser deployment], that would be one thing," he testified.
"If the officer's perception was it was conscious resistance on the part of the subject, then that's another matter."
Still, Fawcett said he doesn't think he would have reacted the way the officers did.
"In any group of officers, you'd have a range of responses — would I have done the same thing? Probably not," said Fawcett, who wasn't asked to elaborate.
Perception must be reasonable
The lawyer for Dziekanski's mother said police officers aren't off the hook just because they perceived something. The perception must be reasonable, he said.
"So it's not just what he perceives. What he perceives has to be reasonable, correct? It's measured against what is a reasonable perspective, right?" asked Walter Kosteckyj, himself a former RCMP officer.
"Yes," Fawcett replied.
Outside the inquiry, Kosteckyj said the officers' actions didn't meet that test.
"Given the number of officers involved, given the kit that they were outfitted with, given who they were dealing with — what would a reasonable officer do in that circumstance?" Kosteckyj said.
"A reasonable officer should have handled that in a different way," he said.
Kosteckyj said the report raises fresh questions about the decision not to charge the four officers because Crown prosecutors had access to the report when they ruled out charges.
"It seems the Crown should be commissioning a separate report," Kosteckyj said.
© The Canadian Press, 2009
Expert tells Taser inquiry Mounties' reaction to Dziekanski reasonable
Last Updated: Thursday, April 16, 2009
The Canadian Press
RCMP were called to Vancouver's airport after Robert Dziekanski started throwing furniture in the early hours of Oct. 14, 2007. They stunned him within seconds of arriving, and he died shortly after. (Paul Pritchard)
Four RCMP officers used reasonable force when they confronted Robert Dziekanski at Vancouver's airport and stunned him several times with a Taser, a police expert said Thursday at a public inquiry into the man's death.
Because the officers believed the Polish immigrant was about to attack them or someone else with a stapler, they had reasonable grounds to use the electrical stun gun, Vancouver police Sgt. Brad Fawcett testified.
Fawcett, who provided a report to homicide investigators on the use of force against Dziekanski, said he probably would not have reacted the same way in the same situation.
Fawcett said his evaluation hinged on what the officers perceived at the time, regardless of whether those perceptions were actually correct.
"What matters in terms of the use-of-force analysis is: What was the officer's perception of the resistance?" Fawcett testified.
'In any group of officers, you'd have a range of responses — would I have done the same thing? Probably not.'— Sgt. Brad Fawcett, inquiry witness
His report elaborated on that point: "The reasonableness of a particular use of force must be judged from the perspective of a reasonable peace officer on the scene, rather than with 20/20 vision of hindsight."
Police were called after Dziekanski started throwing furniture in the early hours of Oct. 14, 2007. They stunned him within seconds of arriving, and he died shortly after.
The Taser was deployed five times, although RCMP said it's unclear how many times the device made contact with Dziekanski.
Fawcett had viewed a witness video of the fatal confrontation, but much of his report reflects statements the officers gave to investigators.Const. Gerry Rundel (top left), Const. Bill Bentley (top right), Const. Kwesi Millington (bottom left) and Cpl. Monty Robinson have not been charged in the death of Robert Dziekanski. (CBC)
The inquiry has heard that those statements conflict with the video, but Fawcett found the officers' statements were supported by the video.
For example, his report appears to accept the officers' claims that Dziekanski remained standing immediately following the first Taser jolt, with his hands clenched around the stapler. The video shows Dziekanski flail about for a few seconds before collapsing on the ground.
When one of Dziekanski's arm lifts above his head, the stapler visibly flying away, Fawcett's report describes the action as "consistent with striking or throwing."
Inaccuracies brushed aside
The report brushes aside other inaccuracies — for example, that Dziekanski had to be wrestled to the ground — as "minor in nature."
Fawcett agreed with the officers that Dziekanski appeared to be fighting back after he collapsed to the floor. He said it doesn't matter whether Dziekanski was actually resisting or whether he was reacting to the pain of the Taser.
"If the officer perceived it to be a response to the push-stun [Taser deployment], that would be one thing," he testified.
"If the officer's perception was it was conscious resistance on the part of the subject, then that's another matter."
Still, Fawcett said he doesn't think he would have reacted the way the officers did.
"In any group of officers, you'd have a range of responses — would I have done the same thing? Probably not," said Fawcett, who wasn't asked to elaborate.
Perception must be reasonable
The lawyer for Dziekanski's mother said police officers aren't off the hook just because they perceived something. The perception must be reasonable, he said.
"So it's not just what he perceives. What he perceives has to be reasonable, correct? It's measured against what is a reasonable perspective, right?" asked Walter Kosteckyj, himself a former RCMP officer.
"Yes," Fawcett replied.
Outside the inquiry, Kosteckyj said the officers' actions didn't meet that test.
"Given the number of officers involved, given the kit that they were outfitted with, given who they were dealing with — what would a reasonable officer do in that circumstance?" Kosteckyj said.
"A reasonable officer should have handled that in a different way," he said.
Kosteckyj said the report raises fresh questions about the decision not to charge the four officers because Crown prosecutors had access to the report when they ruled out charges.
"It seems the Crown should be commissioning a separate report," Kosteckyj said.
© The Canadian Press, 2009
Wednesday, March 25, 2009
Information on RCMP in Dziekanski case
This is a good bit of muckraking journalism. Some of the RCMP officers involved in the incident certainly have a less than spotless record. When this type of event happens and everything seems to be done to clear the police it is no wonder that the public begins to lose confidence in the police.
National Post
Thursday, March 26, 2009
Presented by
Just who are these men?
Brian Hutchinson, National Post
Benjamin Robinson Andy Clark, Reuters Files
Before slamming his Jeep into a young motorcyclist, the off-duty RCMP corporal had been drinking. Only two beers, consumed at a late-afternoon party, insisted Benjamin (Monty) Robinson, to a Delta, B. C., police officer who attended the fatality.
But his eyes were bloodshot, according to the officer's written report. His speech was slurred. A "strong" smell of liquor emanated from his breath and from his person.
This was in October, 2008, one year after Cpl. Robinson and three other Mounties had confronted an agitated Polish traveller at Vancouver International Airport. Robert Dziekanski died after receiving five jolts from an RCMP-deployed Taser and being man-handled on the ground.
Cpl. Robinson was the senior officer in charge and the most experienced of the four. He came under special scrutiny this week at the inquiry now underway into Mr. Dziekanski's death. His three subordinates testified before inquiry commissioner Thomas Braidwood earlier. All four officers admitted to making erroneous statements about the Taser incident to investigating officers,making Mr. Dziekanskiouttobe an attacking, stapler-swinging adversary. The officers blamed their flawed statements on fatigue, confusion, and an inability to "articulate."
None of the officers have been formally accused of any wrongdoing in connection to the Dziekanski death. The B. C. Crown announced late last year that no charges are forthcoming, much to the dismay of many observers. Public anger rises with every new revelation made at the inquiry.
Just who are these men? They are still Mounties, although none of the four work at the RCMP's Vancouver airport sub-detachment any more. All four have been reassigned, at least three of them to indoor duty.
Still in his twenties, Constable Bill Bentley is the youngest of the four. A former Canadian Border Services officer from Windsor, he arrived at the RCMP's Regina training depot in 2005. After the Dziekanski incident, he was removed to a desk job and works with the RCMP's 2010 Olympic Games detail. Constable Gerry Rundell, 48, is the oldest of the four. A former fish farmer from Vancouver Island, he had only two years of RCMP service the night that Mr. Dziekanski died. He has been reassigned to Vancouver Island.
Constable Kwesi Millington, 32, is physically the largest of the four officers. Holder of a Bachelor of Commerce degree from Ryerson University in Toronto, he attended depot training from 2004 to 2005, and began working at the YVR sub-detachment in July 2006. Const. Millington is the officer who deployed a Taser five times at Mr. Dziekanski. He has been reassigned to desk duty. Of aboriginal ancestry, Cpl. Robinson is a graduate of Trinity West-ern University in Abbotsford, B. C., and is a 13-year RCMP veteran. He's been in at least one legal tussle before.
In August, 2005, a B. C. man named Greg Garley launched a civil lawsuit naming eight defendants, including Cpl. Robinson. The lawsuit was briefly mentioned during a lawyer's cross-examination of Cpl. Robinson at the Braidwood inquiry on Tuesday.
Mr. Garley is a former pizza parlour operator who claims to have had many unsatisfactory encounters with RCMP officers. In fact, in 2004 he was unlawfully struck with a Taser while detained in an RCMP jail cell, in Princeton, B. C. The Taser was ordered deployed by a Mountie who later pleaded guilty to assault with a weapon. The officer received a conditional discharge in court and was reassigned to a neighbouring detachment. Mr. Garley is suing him.
In an unrelated, 2005 lawsuit, Mr. Garley alleged he was assaulted by other defendants, and that Cpl. Robinson and another officer failed to respond to his medical needs. Mr. Garley later checked himself into a hostpital for treatment. Mr. Garley's lawyer, Robert Levin, says the allegation against Cpl. Robinson was essentially one of "neglect." The matter has been settled. Terms cannot be disclosed, says Mr. Levin: "It was not really a big deal in the grand scale of things."
The death in October of 21-year-old motorcyclist Orion Hutchinson [no relation to this reporter] certainly is. Cpl. Robinson still faces a possible charge of impaired driving causing death.
Allegations and findings of fact contained in a Supreme Court of British Columbia file paint an ugly picture. According to the police report made the night of the accident, Cpl. Robinson claimed that he'd left the fatality immediately, before investigators arrived, and walked home, where he downed two shots of vodka and then walked back. All in 10 minutes.
The attending officer was skeptical. "Police opinion [is] that symptoms far more set than two shots in that time period should indicate," she noted.
Cpl. Robinson was administered two breath tests. He blew well over the legal limit for alcohol both times, according to the police report. His blue, 2002 Jeep was impounded.
One month later, in November, 2008, Cpl. Robinson applied to have his 90-day driving prohibition reviewed. His lawyer argued that the Delta police evidence was unreliable.
An adjudicator from the Office of the Superintendent of Motor Vehicles disagreed. He found Cpl. Robinson's story about consuming alcohol after the fatal crash incredible. "I note that there is nothing in the [police] report that the witnesses [at the scene] indicated you left the scene," wrote the adjudicator. "I find it unlikely that after witnessing you having a collision that the witnesses would then allow you to leave the scene."
But Cpl. Robinson didn't accept the decision. Last month, he petitioned the Supreme Court of British Columbia to overturn it. Mr. Justice Mark McEwan refused. The petition was dismissed three weeks ago.
This week, Cpl. Robinson came before the Braidwood inquiry, where he acknowledged his having made statements to police that bore little semblance to the truth. Pending any new development, he will return to his assignment with the RCMP's Vancouver 2010 Olympics detail.
© 2009 The National Post Company. All rights reserved. Unauthorized distribution, transmission or republication strictly prohibited.
National Post
Thursday, March 26, 2009
Presented by
Just who are these men?
Brian Hutchinson, National Post
Benjamin Robinson Andy Clark, Reuters Files
Before slamming his Jeep into a young motorcyclist, the off-duty RCMP corporal had been drinking. Only two beers, consumed at a late-afternoon party, insisted Benjamin (Monty) Robinson, to a Delta, B. C., police officer who attended the fatality.
But his eyes were bloodshot, according to the officer's written report. His speech was slurred. A "strong" smell of liquor emanated from his breath and from his person.
This was in October, 2008, one year after Cpl. Robinson and three other Mounties had confronted an agitated Polish traveller at Vancouver International Airport. Robert Dziekanski died after receiving five jolts from an RCMP-deployed Taser and being man-handled on the ground.
Cpl. Robinson was the senior officer in charge and the most experienced of the four. He came under special scrutiny this week at the inquiry now underway into Mr. Dziekanski's death. His three subordinates testified before inquiry commissioner Thomas Braidwood earlier. All four officers admitted to making erroneous statements about the Taser incident to investigating officers,making Mr. Dziekanskiouttobe an attacking, stapler-swinging adversary. The officers blamed their flawed statements on fatigue, confusion, and an inability to "articulate."
None of the officers have been formally accused of any wrongdoing in connection to the Dziekanski death. The B. C. Crown announced late last year that no charges are forthcoming, much to the dismay of many observers. Public anger rises with every new revelation made at the inquiry.
Just who are these men? They are still Mounties, although none of the four work at the RCMP's Vancouver airport sub-detachment any more. All four have been reassigned, at least three of them to indoor duty.
Still in his twenties, Constable Bill Bentley is the youngest of the four. A former Canadian Border Services officer from Windsor, he arrived at the RCMP's Regina training depot in 2005. After the Dziekanski incident, he was removed to a desk job and works with the RCMP's 2010 Olympic Games detail. Constable Gerry Rundell, 48, is the oldest of the four. A former fish farmer from Vancouver Island, he had only two years of RCMP service the night that Mr. Dziekanski died. He has been reassigned to Vancouver Island.
Constable Kwesi Millington, 32, is physically the largest of the four officers. Holder of a Bachelor of Commerce degree from Ryerson University in Toronto, he attended depot training from 2004 to 2005, and began working at the YVR sub-detachment in July 2006. Const. Millington is the officer who deployed a Taser five times at Mr. Dziekanski. He has been reassigned to desk duty. Of aboriginal ancestry, Cpl. Robinson is a graduate of Trinity West-ern University in Abbotsford, B. C., and is a 13-year RCMP veteran. He's been in at least one legal tussle before.
In August, 2005, a B. C. man named Greg Garley launched a civil lawsuit naming eight defendants, including Cpl. Robinson. The lawsuit was briefly mentioned during a lawyer's cross-examination of Cpl. Robinson at the Braidwood inquiry on Tuesday.
Mr. Garley is a former pizza parlour operator who claims to have had many unsatisfactory encounters with RCMP officers. In fact, in 2004 he was unlawfully struck with a Taser while detained in an RCMP jail cell, in Princeton, B. C. The Taser was ordered deployed by a Mountie who later pleaded guilty to assault with a weapon. The officer received a conditional discharge in court and was reassigned to a neighbouring detachment. Mr. Garley is suing him.
In an unrelated, 2005 lawsuit, Mr. Garley alleged he was assaulted by other defendants, and that Cpl. Robinson and another officer failed to respond to his medical needs. Mr. Garley later checked himself into a hostpital for treatment. Mr. Garley's lawyer, Robert Levin, says the allegation against Cpl. Robinson was essentially one of "neglect." The matter has been settled. Terms cannot be disclosed, says Mr. Levin: "It was not really a big deal in the grand scale of things."
The death in October of 21-year-old motorcyclist Orion Hutchinson [no relation to this reporter] certainly is. Cpl. Robinson still faces a possible charge of impaired driving causing death.
Allegations and findings of fact contained in a Supreme Court of British Columbia file paint an ugly picture. According to the police report made the night of the accident, Cpl. Robinson claimed that he'd left the fatality immediately, before investigators arrived, and walked home, where he downed two shots of vodka and then walked back. All in 10 minutes.
The attending officer was skeptical. "Police opinion [is] that symptoms far more set than two shots in that time period should indicate," she noted.
Cpl. Robinson was administered two breath tests. He blew well over the legal limit for alcohol both times, according to the police report. His blue, 2002 Jeep was impounded.
One month later, in November, 2008, Cpl. Robinson applied to have his 90-day driving prohibition reviewed. His lawyer argued that the Delta police evidence was unreliable.
An adjudicator from the Office of the Superintendent of Motor Vehicles disagreed. He found Cpl. Robinson's story about consuming alcohol after the fatal crash incredible. "I note that there is nothing in the [police] report that the witnesses [at the scene] indicated you left the scene," wrote the adjudicator. "I find it unlikely that after witnessing you having a collision that the witnesses would then allow you to leave the scene."
But Cpl. Robinson didn't accept the decision. Last month, he petitioned the Supreme Court of British Columbia to overturn it. Mr. Justice Mark McEwan refused. The petition was dismissed three weeks ago.
This week, Cpl. Robinson came before the Braidwood inquiry, where he acknowledged his having made statements to police that bore little semblance to the truth. Pending any new development, he will return to his assignment with the RCMP's Vancouver 2010 Olympics detail.
© 2009 The National Post Company. All rights reserved. Unauthorized distribution, transmission or republication strictly prohibited.
Monday, May 12, 2008
Mounrties censor Taser report.
The RCMP seems not to care that this degree of censorship is bound to increase public distrust. The RCMP seems bound and determined to give the public the least amount of information possible rather than trying to help the media uncover the facts. One just wonders if this is because the facts are not favorable to police accounts of the incident.
Mounties censor Taser report TheStar.com - Canada - Mounties censor Taser report
Polish immigrant's name, number of times he was stunned, name of shooter, all inked out
May 12, 2008 Jim BronskillSue BaileyThe Canadian Press
OTTAWA–The RCMP call it Occurrence No. 2007-34748.
Millions of people around the world know it as the infamous Taser zapping at Vancouver International Airport last October that sparked so many questions about Robert Dziekanski's death.
The Mounties have stripped any new answers from a heavily censored report on the high-profile stun gun incident, obtained by The Canadian Press and CBC under the Access to Information Act.
Dziekanski died in the early hours of Oct. 14 after RCMP used a Taser on the 40-year-old Polish immigrant and pinned him to the airport floor. Police fired the electronic stun gun's metal probes less than 30 seconds after arriving on the scene to confront an agitated Dziekanski, who earlier had tossed a small table and computer monitor in frustration. (He spoke no English and had spent about 10 hours there, expecting to be met by his mother.)
Opposition MPs and human rights groups have criticized the RCMP for suppressing details of Taser cases, including injuries suffered by people stunned and whether they were experiencing a mental health crisis at the time.
The national police force has gone even further with the Dziekanski report, deleting data it routinely releases in other cases.
Dziekanski's name is struck from the four-page form but the case lists basic details well known to those who watched an amateur video of the RCMP arriving and using a Taser on Dziekanski, who quickly crumpled in a heap.
Absent from the report is the name and rank of the officer who had the Taser, the name of his supervisor, details about the duration of the firing, and the number of times it was used in stun mode.
A written summary of the incident has been blanked out along with assessments as to whether use of the Taser helped the RCMP either ``avoid use of lethal force" or "avoid injuries to subject or Police."
A passage about whether Dziekanski was armed has also been excised. One witness says he was waving a stapler at police.
The form says the RCMP officer issued the standard verbal command, "Police, stop, or you will be hit with 50,000 volts of electricity." The lighting conditions are described as "Good artificial light."
In a letter with the form, the RCMP says it invoked exemptions under access law to protect the privacy of the person stunned and to guard confidences about its investigations and weapons.
The RCMP did not return a phone call yesterday seeking comment on why it censored more data than usual. The deletions may, however, be due to the fact the Crown is still deciding whether to lay charges in the case after completion of a homicide probe.
Liberal public safety critic Ujjal Dosanjh said the RCMP should tell the public whether Dziekanski was armed and "how many times Mr. Dziekanski was stunned," he said in an interview yesterday. "Why would that be a problem, unless that was a fact in dispute?"
Taser International Inc. chair Tom Smith and Dosanjh are slated to testify today at a British Columbia inquiry into Taser use.
Mounties censor Taser report TheStar.com - Canada - Mounties censor Taser report
Polish immigrant's name, number of times he was stunned, name of shooter, all inked out
May 12, 2008 Jim BronskillSue BaileyThe Canadian Press
OTTAWA–The RCMP call it Occurrence No. 2007-34748.
Millions of people around the world know it as the infamous Taser zapping at Vancouver International Airport last October that sparked so many questions about Robert Dziekanski's death.
The Mounties have stripped any new answers from a heavily censored report on the high-profile stun gun incident, obtained by The Canadian Press and CBC under the Access to Information Act.
Dziekanski died in the early hours of Oct. 14 after RCMP used a Taser on the 40-year-old Polish immigrant and pinned him to the airport floor. Police fired the electronic stun gun's metal probes less than 30 seconds after arriving on the scene to confront an agitated Dziekanski, who earlier had tossed a small table and computer monitor in frustration. (He spoke no English and had spent about 10 hours there, expecting to be met by his mother.)
Opposition MPs and human rights groups have criticized the RCMP for suppressing details of Taser cases, including injuries suffered by people stunned and whether they were experiencing a mental health crisis at the time.
The national police force has gone even further with the Dziekanski report, deleting data it routinely releases in other cases.
Dziekanski's name is struck from the four-page form but the case lists basic details well known to those who watched an amateur video of the RCMP arriving and using a Taser on Dziekanski, who quickly crumpled in a heap.
Absent from the report is the name and rank of the officer who had the Taser, the name of his supervisor, details about the duration of the firing, and the number of times it was used in stun mode.
A written summary of the incident has been blanked out along with assessments as to whether use of the Taser helped the RCMP either ``avoid use of lethal force" or "avoid injuries to subject or Police."
A passage about whether Dziekanski was armed has also been excised. One witness says he was waving a stapler at police.
The form says the RCMP officer issued the standard verbal command, "Police, stop, or you will be hit with 50,000 volts of electricity." The lighting conditions are described as "Good artificial light."
In a letter with the form, the RCMP says it invoked exemptions under access law to protect the privacy of the person stunned and to guard confidences about its investigations and weapons.
The RCMP did not return a phone call yesterday seeking comment on why it censored more data than usual. The deletions may, however, be due to the fact the Crown is still deciding whether to lay charges in the case after completion of a homicide probe.
Liberal public safety critic Ujjal Dosanjh said the RCMP should tell the public whether Dziekanski was armed and "how many times Mr. Dziekanski was stunned," he said in an interview yesterday. "Why would that be a problem, unless that was a fact in dispute?"
Taser International Inc. chair Tom Smith and Dosanjh are slated to testify today at a British Columbia inquiry into Taser use.
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