:lol:VANCOUVER — A finding of misconduct may be considered against four RCMP officers involved in the Tasering of Polish immigrant Robert Dziekanski, the B.C. Court of Appeal has ruled.
Constables Bill Bentley, Kwesi Millington, Gerry Rundel and Cpl. Monty Robinson had earlier applied to the courts to have the notice of misconduct quashed, arguing the head of a provincial inquiry into Dziekanski's Tasering and subsequent death has no authority over members of a federally regulated police force.
The case was dismissed initially by a B.C. Supreme Court judge. In a written decision released Tuesday, the Court of Appeal unanimously agreed to uphold the lower court's decision.
Dziekanski, 40, died in the early morning hours of Oct. 14, 2007, after being Tasered five times by RCMP officers following a brief confrontation at the Vancouver International Airport.
A videotape of the incident taken by an airport bystander prompted public outrage. The footage shows Dziekanski screaming in pain and writhing on the airport floor, face-down, as he is handcuffed, restrained and repeatedly Tasered by police.
Inquiry commissioner Thomas Braidwood is writing his final report on the death and is expected to deliver it early in 2010.
The four officers were advised in April that Braidwood would consider several allegations of misconduct against them, including: failing to properly assess and respond to the circumstances in relation to Dziekanski; deploying the Taser in circumstances that did not warrant such deployment; failing to adequately reassess the situation before further Taser deployment; and deploying the Taser again without justification.
Millington also faces three additional allegations.
The criminal justice branch decided last December not to charge any of the four Mounties in connection with Dziekanski's death, although testimony this year at the public inquiry raised serious questions about the integrity of the RCMP investigation and the veracity of the officers, including Rundel, Bentley, Millington, and Robinson.
Robinson also faces an unrelated charge of attempting to obstruct justice in connection with the Oct. 25, 2008, vehicle crash in Delta that killed Orion Hutchinson, 21.
DaHansen@vancouversun.com;-)
Constables Bill Bentley, Kwesi Millington, Gerry Rundel and Cpl. Monty Robinson had earlier applied to the courts to have the notice of misconduct quashed, arguing the head of a provincial inquiry into Dziekanski's Tasering and subsequent death has no authority over members of a federally regulated police force.
The case was dismissed initially by a B.C. Supreme Court judge. In a written decision released Tuesday, the Court of Appeal unanimously agreed to uphold the lower court's decision.
Dziekanski, 40, died in the early morning hours of Oct. 14, 2007, after being Tasered five times by RCMP officers following a brief confrontation at the Vancouver International Airport.
A videotape of the incident taken by an airport bystander prompted public outrage. The footage shows Dziekanski screaming in pain and writhing on the airport floor, face-down, as he is handcuffed, restrained and repeatedly Tasered by police.
Inquiry commissioner Thomas Braidwood is writing his final report on the death and is expected to deliver it early in 2010.
The four officers were advised in April that Braidwood would consider several allegations of misconduct against them, including: failing to properly assess and respond to the circumstances in relation to Dziekanski; deploying the Taser in circumstances that did not warrant such deployment; failing to adequately reassess the situation before further Taser deployment; and deploying the Taser again without justification.
Millington also faces three additional allegations.
The criminal justice branch decided last December not to charge any of the four Mounties in connection with Dziekanski's death, although testimony this year at the public inquiry raised serious questions about the integrity of the RCMP investigation and the veracity of the officers, including Rundel, Bentley, Millington, and Robinson.
Robinson also faces an unrelated charge of attempting to obstruct justice in connection with the Oct. 25, 2008, vehicle crash in Delta that killed Orion Hutchinson, 21.
DaHansen@vancouversun.com;-)
