A former RCMP officer involved in the 2007 Tasering death of Robert Dziekanski is fighting his perjury conviction in the B.C. Court of Appeal.
Lawyers for former corporal Benjamin “Monty”Robinson are arguing his perjury conviction related to testimony he provided at the Braidwood Inquiry should be thrown out, because of “misapprehension of evidence.”
His lawyer says the trial judge erred in concluding Dziekanski didn’t swing a stapler, as the officers had suggested.
The lawyer says the bystander video of the altercation provides an obstructed view so the judge couldn’t see Dziekanski’s hands and what he was doing with them.
Dziekanski’s mother, who attended today’s hearing, says watching the now nine-year-old process continue is frustrating.
“It is terrible for me, terrible terrible and I am so sad, I am so mad because they want to avoid consequences.”
Robinson is also suing the federal government on behalf of the RCMP, alleging they destroyed his life by maintaining an inaccurate public position that he and the other officers involved in the incident used excessive force and didn’t follow their RCMP training.
Dziekanski, a 40-year-old Polish national died after being Tasered at YVR in 2007.
The incident occurred after he spent 10 hours in the terminal, becoming increasingly agitated, eventually resulting in police being called.
Shortly after four Mounties arrived, they surrounded and stunned him multiple times with a Taser. He collapsed and died.
Two years later, at the Braidwood Inquiry called to review the incident, the four officers were accused of colluding to get their stories straight and lying under oath.
Robinson, who was the officer in charge the night of the incident, was convicted in March of 2015 and sentenced to two years less a day, plus 240 hours of community service. It came three years after he was medically discharged from the force.
Constable Kwesi Millington was also convicted of perjury in February of last year and sentenced to 30 months behind bars. He lost his B.C. appeal this summer, and has recently been granted an extension to file leave to appeal to the Supreme Court of Canada.
He claims he has sought medical attention to deal with the psychological impact, and that since the 2007 ordeal there has been misinformation about him spread through the force and in the media.
Robinson also ran into legal trouble in 2008, when he was involved in a fatal crash with a motorcycle.
The court heard there was evidence he’d been drinking before the crash, but in the wake of the accident he drove home and put his kids to bed then claimed he drank vodka to calm his nerves before returning to the scene. He was handed a one year conditional sentence in 2012.