Vancouver Sun - Neal Hall - 17 minutes ago (Dec 1, 2009)
Monty Robinson was also the senior officer and supervisor of three other officers who confronted Robert Dziekanski at Vancouver International Airport on Oct. 14, 2007.
The story:
[quote]RCMP corporal charged with obstructing justice after fatal crash
METRO VANCOUVER – The Crown has approved a charge of attempting to obstruct justice – but not impaired driving – against RCMP Cpl. Benjamin (Monty) Robinson, who was involved in a fatal accident last year.
On Oct. 25, 2008, Robinson was driving a Jeep in Tsawwassen that collided with a motorcycle driven by 21-year-old Orion Hutchinson, who was killed.
“Following a detailed analysis of the results of a comprehensive police investigation, the Criminal Justice Branch has concluded that no Criminal Code driving related charges will be laid against Cpl. Robinson,” the Crown announced Tuesday.
The branch decided the charge assessment standard was not met for the offences of impaired driving causing death, dangerous driving or causing an accident resulting in death.
“Senior prosecutors with the branch have concluded that the available evidence does not establish to the criminal standard of proof beyond a reasonable doubt, that at the time of the collision Cpl. Robinson had a blood alcohol level over the legal limit, that his ability to operate a motor vehicle was impaired by alcohol or that he was operating his vehicle in a dangerous manner within the meaning of the Criminal Code,” the branch said.
Neil MacKenzie, a Crown counsel who speaks on behalf of the criminal justice branch, which oversees criminal prosecutions in B.C., said he could not comment on the charge laid or the reasons behind the Crown’s decision not to approve an impaired driving or dangerous driving charge.
He said it took so long to announce the decision because the Crown asked Delta police for additional information, including material received by the Crown several weeks ago.
The charge of attempting to obstruct justice is based on the actions of Robinson after the fatal crash, he said, but would not elaborate.
Robinson, who a year earlier was involved in a Taser incident in which a man died, is scheduled to make a first appearance on the obstruction charge on Dec. 8 at 1:30 p.m. in Surrey provincial court.
The off-duty officer allegedly left the scene of the accident, which occurred about 10:30 p.m., and walked home, a short distance away, then returned 10 minutes later, when he advised police he had two beers at a party and two shots of vodka at home before returning to the scene.
The officer gave samples of his breath at 11:56 p.m. and 12:16 a.m. His readings were .12 and .10, which exceeded the legal limit of .08 for impaired driving. Robinson had his driver’s licence suspended for 90 days but lost his attempt to overturn the suspension last March.
In dismissing Robinson’s petition to overturn the suspension, B.C. Supreme Court Justice Mark McEwan found that Robinson’s claim that he had two shots of vodka after the accident was not credible.
The judgment (available online at: courts.gov.bc.ca/jdb-txt/SC/ … SC0271.htm) noted police at the scene believed Robinson’s symptoms, including bloodshot eyes and slurred speech, indicated the officer had more than two shots of vodka.
Robinson was also the senior officer and supervisor of three other officers who confronted Robert Dziekanski at Vancouver International Airport on Oct. 14, 2007.
Dziekanski, 40, died at the scene after he was repeatedly Tasered, restrained and handcuffed. Police were called to respond to a 911 call reporting an apparently drunken man throwing around furniture. Dziekanski, who spoke no English, was found to have no alcohol or drugs in his system. He was exhausted and possibly delirious after traveling for 30 hours, with the last 10 spent at the airport looking for his mother.
The mother, unable to find her son after seven hours, left the airport when officials told her that her son could not be located. The mother, Zofia Cisowski, filed a civil lawsuit in October against the RCMP, the Canada Border Services Agency and the Vancouver Airport Authority.
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