Justice after 7 yrs against cop
The
RCMP officer who Tasered Robert Dziekanski at the Vancouver airport more than
seven years ago has been found guilty of perjury.
B.C.
Supreme Court Justice William Ehrcke concluded Friday that Const. Kwesi
Millington lied under oath during his testimony at a public inquiry into the
October 2007 death of the 40-year-old Polish immigrant.
In a
lengthy ruling read out in court, the judge said Millington's testimony about
his explanation for using a Taser on Dziekanski was "patently false"
and "preposterous."
"I
can say right now I am the happiest person all over the world," Zofia
Cisowski, Dziekanski's mom, said outside court. "I am very pleased."
Ehrcke
said Millington's testimony was false, he knew it was false and he gave it with
intent to mislead.
The
Crown presented in court 10 particulars of the alleged perjury, only one of
which prosecutors needed to prove to find Millington guilty of the charge.
The
judge concluded the accused was guilty of six of the 10 particulars, finding
that Millington and the other three officers charged colluded with one another
in their versions of events shortly after the death.
The
collusion happened when the cops were together at the Richmond detachment prior
to giving statements to investigators.
Ehrcke
noted their accounts were strikingly similar, and found that Millington had an
opportunity and an incentive to lie, wrongly portraying Dziekanski as being
aggressive to justify Tasering him.
The
judge found that Millington had lied when he said he believed Dziekanski was
still standing when he deployed the Taser a second time, and when he said the
Polish man was falling down during the first shot of the Taser.
Millington
also misled the inquiry when he claimed the officers had to wrestle Dziekanski
to the ground.
But
the judge found that the Crown's allegation Millington and the three officers
colluded with one another at a meeting just prior to the 2009 inquiry was not
proven beyond a reasonable doubt.
Criminal
justice branch spokesman Neil MacKenzie said outside court that there had been
other convictions of police officers perjuring themselves in Canada, including
B.C., but could not provide specifics.
He
declined to comment on the impact of the ruling on the perjury cases of the
three other officers.
Millington,
who will remain on bail until sentencing, had little reaction to the verdict.
Ravi Hira, his lawyer, had no comment outside court.
The
Millington case is expected back in court March 19 to fix a date for
sentencing.
Const.
Bill Bentley, one of the three other officers accused in the case, was last
year acquitted of the charges, but the Crown is appealing that ruling.
Closing
submissions began Friday in the case of Const. Gerry Rundel, and a verdict is
expected Feb. 26 for Cpl. Benjamin "Monty" Robinson, a fourth
officer.
Court
heard that the four cops were summoned to the airport after receiving reports
an intoxicated man was throwing around chairs in a lounge for passengers
arriving on international flights.
Dziekanski
had arrived in Vancouver after an 18-hour trip from Warsaw and was hoping to
meet up with his mother, but his mom left in frustration when they didn't meet.
When
the officers approached Dziekanski, Millington Tasered him once, causing him to
fall to the ground, then fired the Taser four more times.
Rundel,
Bentley and Robinson then struggled to put handcuffs on Dziekanski, succeeding
despite some difficulties. But Dziekanski's condition rapidly deteriorated and
he was pronounced dead at the scene.
No
criminal charges were laid against the officers in the immediate aftermath of
the incident, but the B.C. government announced an inquiry into the case and
appointed former judge Thomas Braidwood to oversee it.
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