VANCOUVER — A former Mountie convicted of perjury in relation to the death of a Polish man at Vancouver’s airport in 2007 has lost his appeal.
In a two-to-one decision, a panel of Appeal Court judges in British Columbia upheld a lower court’s decision that found Benjamin (Monty) Robinson lied during a public inquiry into the circumstances surrounding the death of Robert Dziekanski.
“The judge’s findings cannot in my view be said to have been unreasonable,” Justice Mary Newbury wrote for the majority.
Robinson was the senior of four officers called to the Vancouver International Airport on Oct. 14, 2007, after Dziekanski, who did not speak English and had arrived almost 10 hours earlier, began throwing furniture in the arrivals terminal.
Officers used a stun gun repeatedly on Dziekanski and he was later pronounced dead at the scene.
Robinson’s lawyer, David Crossin, argued during the appeal that the Crown’s allegations that the officers colluded on a story and then lied at the inquiry into the death were based on circumstantial evidence.
“Toxicology tests on samples taken from Mr. Dziekanski’s remains were negative, said lawyer Walter Kosteckyj. British Columbia’s Coroner Service provided those results to the family, but is not making them public. The RCMP is not releasing the information either, saying it does not want to impede its investigation.”