Mounties involved in Robert Dziekanski death face perjury charges Robert

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Mounties involved in Robert Dziekanski death face perjury charges


The four Mounties involved in the Taser-related death of Robert Dziekanski face perjury charges.

Special prosecutor Richard Peck announced the decision late Friday afternoon, after a lengthy review that included an examination of the circumstances surrounding the altercation with the 40-year-old Polish immigrant, the subsequent RCMP investigation into his death, and the testimony of the four officers at the Braidwood Inquiry.

The charges will be forwarded to the Deputy Attorney-General for review and approval.

Peck concluded 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,” according to a media statement released by B.C.’s criminal-justice branch.

Zofia Cisowski, Dziekanski’s mother, said in a statement she is “pleased” by Peck’s recommendation.

“It has been a long and painful ordeal over the last three-and-a-half years of delay and misinformation by the RCMP,” Cisowski said.

“The RCMP should not be investigating itself.

“Police officers are not above the law and I will await the verdict of the courts. I hope that justice will finally be achieved in the death of my son Robert Dziekanski.”

Peck decided to recommend charging the officers with perjury over testimony each gave at the Braidwood Inquiry. His final report, issued June 18, heavily condemned Cpl. Benjamin (Monty) Robinson and Constables Kwesi Millington, Bill Bentley and Gerry Rundel.

Victoria appointed Peck to re-examine the initial decision to lay no charges in connection with the death.

Shortly after his appointment, Peck announced Braidwood’s two-year inquiry had unearthed “factual material that was not available to the branch at the time [the original charge decision was made], including but not limited to expert video analysis and expert opinions relating to the reasonableness of the escalation and de-escalation of force.”

He said it was obvious a review of the charge decision was justified.

Cisowski also urged Attorney-General Barry Penner to implement all of Braidwood’s 19 recommendations on Taser use, calling it “vitally necessary so that no other mother should have to needlessly lose and mourn a child in the manner I have, and so that the public can trust and have confidence in the police and operation of justice in B.C.”

Braidwood’s recommendations include allowing municipal police to only use the weapon when faced with an imminent threat of bodily harm, or when someone is committing an offence under the Criminal Code of Canada.

He said a person should not be Tasered for breaking a municipal bylaw, or provincial offences such as transit fare evasion.

A more detailed statement on Peck’s conclusions will be released after Peck’s recommendations have been reviewed.

“The Clear Statement will not contain details about the decision to not approve charges arising from the circumstances surrounding Mr. Dziekanski’s death in order to protect the integrity of the perjury prosecutions,” the media statement read. “Those details will be released upon completion of the perjury prosecutions.”

Dziekanski died on Oct. 14, 2007, after RCMP officers repeatedly shot him with a Taser at Vancouver International Airport, in an incident that garnered international attention when it was captured on video by another traveller.

Police were summoned after an agitated Dziekanski, who was disoriented and did not speak English, began throwing furniture around at the airport.

He was then jolted multiple times with a stun gun, including after he fell to the floor.


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Statement from the Criminal Justice Branch:

Decision of Special Prosecutor Richard Peck, Q.C. Announced

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Victoria - The Criminal Justice Branch of the Ministry of Attorney General today announced the results of Richard C.C. Peck, Q.C.'s independent charge assessment with respect to allegations of misconduct involving four members of the Royal Canadian Mounted Police as they pertain to the in-custody death of Robert Dziekanski at the Vancouver Airport on October 14, 2007. Mr. Peck's review included an examination of the circumstances of the physical altercation with Mr. Dziekanski, the subsequent RCMP investigation into his death and the testimony of the four officers at the Braidwood Inquiry.

Mr. Peck has recommended and the Criminal Justice Branch has accepted that each of the four officers be charged with perjury in relation to the evidence that each officer gave at the Braidwood Inquiry, and that the charges proceed by way of Direct Indictment.

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.

Mr. Peck's recommendations will be forwarded to the Deputy Attorney General for review and approval of proceeding by way of Direct Indictment.

This Media Statement has been issued today in response to information indicating that aspects of Mr. Peck's recommendations had entered the public domain and were expected to be the subject of media reports.

A more detailed Clear Statement in relation to Mr. Peck's conclusions will be released publicly once the Deputy Attorney General has completed his review of Mr. Peck's recommendations. The Clear Statement will not contain details about the decision to not approve charges arising from the circumstances surrounding Mr. Dziekanski's death in order to protect the integrity of the perjury prosecutions. Those details will be released upon completion of the perjury prosecutions.

Mr. Peck was appointed June 18, 2010 by Assistant Deputy Attorney General Robert W.G. Gillen, Q.C. to determine whether, in view of the evidence heard at the Braidwood Inquiry and the findings and recommendations of Commissioner Braidwood, it was appropriate to reassess the decision of the Criminal Justice Branch not to prosecute any of the officers involved in the incident. Mr. Peck was also to review other conduct of the officers in connection with the incident.

Mr. Peck's mandate included:

- Conducting an independent review of the Braidwood Commission report relating to the death of Robert Dziekanski. This review was to include the four officers' conduct in relation to the initial encounter with Robert Dziekanski, their participation in the subsequent investigation and their testimony at the Braidwood Inquiry, with a view to determining whether anything contained in the report called for a reassessment of the Branch decision not to prosecute the officers.

- Providing a written report to the Assistant Deputy Attorney General with the results of his review and the reasons for his decision.

- If in his view the initial charge assessment should be revisited given the findings made by Commissioner Braidwood in his report, proceeding to examine all materials relied on in the original charge assessment decision and any other materials he might deem appropriate including the evidence taken at the Braidwood Inquiry and exhibits or reports filed therein, and making whatever charge assessment decision he deemed appropriate in the independent exercise of his prosecutorial discretion.

- In addition, examining any other conduct of the four officers in relation to the matter, and in particular their statements to investigators and their testimony at the Braidwood Inquiry with a view to determining whether their conduct was at any time contrary to any provisions of the Criminal Code or applicable provincial legislation and making whatever charge assessment decision he deemed appropriate in the independent exercise of his prosecutorial discretion.

- If following his review, and any charge reassessment he might undertake, it was his view that a prosecution was warranted in connection with the conduct of the four officers in relation to their initial encounter with Mr. Dziekanski or their subsequent conduct in relation to this matter, to take conduct of the prosecution and any subsequent appeal.

On June 29, 2010 the Branch announced that Mr. Peck had recommended that the initial charge assessment should be revisited, citing among other reasons that the Braidwood Commission Report into the death referred to "factual material that was not available to the Branch at the time [of the initial charge assessment decision], including but not limited to expert video analysis and expert opinions relating to the reasonableness of the escalation and de-escalation of force."

No further information will be released or comment made by the Special Prosecutor or the Criminal Justice Branch at this time.

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Polish immigrant Robert Dziekanski is seen in the arrivals area of the Vancouver airport in this video footage October 14, 2007.



Critics calling for stronger RCMP oversight point to the case of Polish immigrant Robert Dziekanski, who died after being detained and Tasered by police at Vancouver airport (above) in October 2007.



Thomas R. Braidwood spoke of the death of Robert Dziekanski in Vancouver on June 18.



.Cpl. Benjamin Robinson was present when Robert Dziekanski died.