Mounties involved in Dziekanski death face perjury charges

<p>VANCOUVER – The four Mounties who confronted Robert Dziekanski at Vancouver’s airport and repeatedly stunned him with a Taser, later telling a public inquiry they were afraid the Polish immigrant was about to attack them with a stapler, are facing perjury charges</p> <p>But Richard Peck, the special prosecutor appointed to re-examine the case, did not recommend charges relating to Dziekanski’s death in October 2007, B.C.’s criminal justice branch announced Friday.</p> <p>”Mr. Peck has concluded that there is no substantial likelihood of conviction in relation to any potential charges arising from the circumstances of the physical altercation with Mr. Dziekanski or the subsequent investigation into his death,” said a statement from the branch.</p> <p>Instead, Peck recommended the perjury charges, and the branch said it accepted that recommendation. The branch plans to proceed on the charges through direct indictment, skipping a preliminary inquiry, the news release said.</p> <p>The four officers facing charges are Const. Bill Bentley, Const. Kwesi Millington, Const. Gerry Rundell and Cpl. Benjamin Robinson.</p> <p>Bentley’s lawyer, David Butcher, said his client would plead not guilty.</p> <p>”No substance to the allegations at all, they will be defended with full vigour,” Butcher said in a brief interview.</p> <p>Lawyers for the other officers could not immediately be reached for comment.</p> <p>Dziekanski’s mother, Zofia Cisowski, released a written statement applauding the charges.</p> <p>”I am pleased that the special prosecutor has announced criminal charges against RCMP officers involved in the death of my son,” wrote Cisowski, who lives in Kamloops, B.C.</p> <p>”I hope that justice will finally be achieved in the death of my son.”</p> <p>Dziekanski arrived at Vancouver’s from Poland as a new immigrant, but spent hours in the terminal unable to find his mother or communicate with border officials, airport staff or bystanders.</p> <p>The four Mounties were called after Dziekanski became agitated and started throwing furniture. They rushed into the terminal and, within seconds, one of them fired a Taser several times as Dziekanski fell to the floor writhing in pain.</p> <p>Dziekanski died shortly after.</p> <p>In the days that followed, RCMP spokespeople painted a picture of a violent, distraught man who refused to co-operate despite the best efforts of officers to communicate with him and calm him down.</p> <p>But the incident erupted in controversy after a bystander’s video appeared to contradict that version of events.</p> <p>The shaky video showed Dziekanski was relatively calm when officers arrived, for the most part standing with his hands by his side. In the video, the officers appeared to do little to communicate with him before one of them fired the Taser.</p> <p>That controversy was further inflamed after the Crown decided against laying charges, concluding the officers’ actions were justified in the circumstances.</p> <p>At a subsequent public inquiry, the officers each testified Dziekanski was stunned because he was violent and was threatening them with a stapler. The video was played countless times at the hearings, frame-by-frame and in slow motion, as each Mountie explained just why Dziekanski posed a threat to them and bystanders in the airport.</p> <p>Inquiry commissioner Thomas Braidwood, a retired appeal court judge, rejected the officers’ testimony as self-serving and not credible. He said there was no reason to stun Dziekanski and the officers could not have believed he posed a danger to anybody.</p> <p>After Braidwood released his report, Peck was appointed to determine whether, in light of the evidence heard at the inquiry, the decision not to charge the officers should stand. Peck was also asked to review other conduct of the officers, including their testimony at the inquiry.</p> <p>The criminal justice branch released the decision to charge the officers only after a news outlet gained advance knowledge of it.</p> <p>RCMP spokesman Sgt. Tim Shields said the force couldn’t comment on the case or what disciplinary action the officers could face if they’re convicted.</p> <p>”The RCMP respects the decision of the special prosecutor and since this entire issue is now going to be examined before the courts, there is very little we can say about it,” Shields said in an interview.</p> <p>”Regarding internal discipline, the RCMP only learned of these criminal charges minutes ago, and these are decisions that are going to have be made in the coming weeks.”</p> <p>The branch said in a news release a more detailed statement would be released after the deputy attorney general had a chance to review of Peck’s report.</p> <p>However, the news release cautioned that statement won’t explain why charges weren’t recommended in Dziekanski’s death, saying those details must be kept private to protect the integrity of the perjury prosecutions.</p> <p>The branch will explain the decision after the perjury case is finished, the news release said.</p>