Court rules Taser inquiry can find Mounties at fault
Last Updated: Monday, June 15, 2009 | 11:59 AM PT Comments278Recommend170
CBC News
Clockwise from top left: RCMP officers Const. Gerry Rundel, Const. Bill Bentley, Cpl. Monty Robinson and Const. Kwesi Millington challenged the right of the Braidwood Commission to make a finding of misconduct. (CBC)The B.C. Supreme Court has dismissed a constitutional challenge questioning whether a provincial inquiry can find fault against the four RCMP officers involved in Robert Dziekanski's death.
Justice Arnie Silverman ruled Monday morning in Vancouver that the inquiry properly warned the officers that it might accuse them of using the Taser on Dziekanski when it was "not justified," of giving "misleading" testimony and of misrepresenting the facts.
The judge said the inquiry's commissioner, retired judge Thomas Braidwood, is entitled to make such findings in his final report into the October 2007 death and is not prevented by any lack of jurisdiction.
Lawyers representing the four officers, who made the constitutional challenge, argued in court last Friday that Braidwood's findings were effectively allegations of criminal misconduct, and therefore outside his jurisdiction.
But Silverman ruled that argument was invalid, and also dismissed the officers' claims that the commission should provide additional details of what they did wrong.
Constables Gerry Rundel, Bill Bentley and Kwesi Millington, and Cpl. Monty Robinson were all present when Dziekanski died after being stunned several times with a Taser at Vancouver International Airport.
The officers could still appeal the decision, but for now it means the Braidwood inquiry would likely begin hearing closing submissions on Friday.