Marcella Bernardo | Email news tips to Marcella
6/19/2009
A public inquiry into the October 2007 death of Robert Dziekanski at YVR has been delayed thanks to the discovery of an e-mail suggesting the officers who confronted the Polish immigrant lied under oath.
The e-mail, dated November 5th, 2007 indicates the mounties, who testified they didn't talk to each other before entering the Vancouver Airport that night, discussed using the taser soon after they were dispatched.
Commission Counsel Art Vertlieb says lawyers for the federal government failed to disclose that crucial evidence before this week, "The members did not articulate that they saw the symptoms of excited delirium, but instead had discussed the response en route and decided that if he did not comply, they would go to C-E-W [Conducted Energy Weapon]."
Lawyers for the four mounties say the e-mail between Assistant RCMP Commissioner Al Macintyre and E-Division boss Dick Bent was nothing more than hearsay.
Commissioner Thomas Braidwood has adjourned the inquiry until September 22nd, "I find the delay in disclosing this material to the commission to be appalling. It was evidence that was highly relevant to the examination of the four RCMP officers. At the very least, it should have been disclosed to the commission before those four officers testified."
Robert Dziekanski's mother was in court Friday morning.
Zofia Cizowksi says she wasn't expecting the e-mail bombshell, "I was so surprised and I'm so happy that [out] comes the truth."
Cizowski says she is convinced there is an RCMP coverup, "Of course, they cover up...I'm so suprised and I'm so angry because high-rank[ing] people and officers, they cover up too."
She says she still has faith Braidwood will make good on his promise to give her the truth.
Although the inquiry is now set to resume in September, lawyers for the mounties involved are already saying they will appeal the recent BC Supreme Court decision giving Braidwood the power to find the officers guilty of misconduct.
David Butcher, who represents Constable Bill Bentley, says they have every right to appeal, "Well, we have an automatic right of appeal and I anticipate that we will be filing an appeal. There are important constitutional issues at stake and as far as we're concerned, as far as we can see, they've never been resolved."
Butcher says he doesn't think the appeal will interfere with Braidwood's plan to hear more evidence this fall.
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