Tuesday, 31 March 2009

Braidwood Inquiry - duty, truth, honour.

Up, Down, In This Thread.

"Sir, it was my duty. And I will continue to do my duty."
        Ravi Hira, lawyer for Kwesi Millington at Braidwood Inquiry.

Ravi HiraRavi HiraRavi HiraRavi HiraRavi HiraRavi HiraRavi HiraRavi HiraRavi HiraRavi HiraRavi HiraRavi Hira

Presumably on instructions from the RCMP, he finds himself as the point man in the attempted character assassination of Robert Dziekanski. When the transcripts are released I expect we will find the other Mountie lawyers in there up to their elbows as well.

Technically he's right of course, it is his duty to defend his client. We could wish that his client had a similar operational understanding of duty. And given that the Braidwood Inquiry has morphed into a quasi-criminal trial ... it is his duty to scrape the bottom of the barrel, tactically speaking - which is exactly what he is doing.

At the taxpayer's expense too eh? And not cheap either - gotta be a grand a day each for these guys plus disbursements ... say, half a million total to 'defend' the perpetrators. I would have preferred to be able to say 'represent' but there you go. They deserve representation - but their actions are indefensible.

That Ravi Hira 'storms off' in the words of a commentator, is the best that can be said of him - it shows that he knows very well that he has given up something important for whatever 'mess of pottage' the RCMP are handing out.

Thomas Braidwood eventually cut him off, "That is irrelevant. I've ruled against you." Good for Thomas Braidwood - he seems to be the only adult in the room. I note that he had a similar exchange with Don Rosenbloom, the lawyer for Poland at the Inquiry. He is an adult, and he is fair.

To put it in terms that most people seem to use (primarily) these days - this whole 'expense', millions upon millions of dollars, could have been saved if the RCMP had acted honourably from the outset.

Who to blame for this 'expense'? The 'perps', the guys who did the deed, Benjamin 'Monty' Robinson, Kwesi Millington, Bill Bentley, and Gerry Rundel; and, of course, the grand pooh-bah, William Elliott, who sets such a sterling example as a truth teller; and all of them at the various ranks inbetween for following the line: Stan Lowe, Al Macintyre & Wayne Rideout, Peter Thiessen, Pierre Lemaitre, Dale Carr ... the list goes on and on and on.

Why put 'expense' in inverted commas? Because the expense in money is ultimately irrelevant. It is the expense in 'human coin' that is important. The death of Robert Dziekanski, the endless grief of his mother, the several and collective reputations of the RCMP squandered, the shame felt by every Canadian at seeing the true north strong and free debauched.

With the exceptions of those at the true centre of this, Robert Dziekanski and his mother, any one could have stopped it.

The 'officials' and the 'bystanders' at Vancouver YVR airport could have stopped it before it began. Sima Ashrafinia or Paul Pritchard, relative heroes in the piece that they are, could have stopped it. Any single one of the four Mounties involved could have stopped it. Any single one of the scores of RCMP involved after the fact could have spoken out and seen to it that the matter was dealt with honourably. Any one of the 'running dogs and lackeys of the imperialist' RCMP like Ravi Hira could have done the same.

I'm an old red neck myself. I have used Denial as the tactic of choice many times in my life - it is only now, as I get older and find that denial doesn't work so well on arthritis, that I begin to see through it :-)

So what's your duty? The best I have found is this: ... and what doth the Lord require of thee, but to do justly, and to love mercy, and to walk humbly with thy God? (Micah 6-8)


Friday, 27 March 2009

William Elliott - just another weasel.

Up, Down, In This Thread.

Maintiens le droit / Uphold the law
(yeah right ... whatever ... like, when it suits you ...)

"The public has tipped. It did not jump nor did it stumble."
        Catherine Mitchell, Winnipeg Free Press.

William Elliott, RCMP CommissionerGiuliano Zaccardelli, The WeaselHe came on the scene after we finally got rid of the outright liar and manager of thieves, Giuliano Zaccardelli. His job was to fix the "horribly broken" RCMP. But he has clearly not fixed anything, is not fixing anything ... will not fix anything(?). All you can say I guess is that he seems to smile less and less in his pictures. Why should he care? He's making a good buck; somewhere between $190,600 & $224,300 plus perks, chauffeur and what not, call it 200 grand - he can retire with a nice pension after a while, or anytime he likes, and watch the girls on some pretty beach somewhere.

Back around the middle of February, the Taser news was all around the RCMP restricting Taser use: 1. RCMP revamps rules for taser use, Daniel LeBlanc, February 12, 2009; 2. The RCMP rethinks the risks of tasers, Globe Editorial, February 12, 2009; 3. RCMP policy says Tasers can kill, restricts use, Sue Bailey, February 13, 2009; 4. RCMP restrict Taser use, Andrew Mayeda, February 12, 2009.

William Elliott, RCMP Commissioner, w Andre LemaireDone a year beforehand yet! And not bragging about it once in all that time!

The 'dastardly media' outright complimenting the RCMP? It seemed like a new day.

The fact that they had to be threatened with supoenas before they would appear at the Braidwood Inquiry was temporarily forgotten, or maybe forgiven - in any event, they were coming to the inquiry in the end ... so, all good.

Then yesterday (I am a bit slow y'unnerstan) I read a news release by the Liberal Party: 5. RCMP Commissioner misled Canadians on Taser use policy, Liberal Party Media Release, March 26, 2009.

William Elliott, RCMP CommissionerAnd I thought ... well, must be political trash ... but I took the time to find Mark Holland, Liberal member for Ajax—Pickering, Ontario, and I tried (unsuccessfully) to find the minutes of the February 12 meeting of the Standing Committee on Public Safety and National Security (SECU - one has to ask how they arrive at these acronyms? must be from the French version, we all know that French-Canadians own the Federal Public Service eh? :-). In an email, the very next day, Holland's assistant kindly pointed it out to me: 40th Parliament, 2nd Session, Standing Committee on Public Safety and National Security, Evidence, Contents, Thursday, February 12, 2009, and sure enough, there is William Elliott speaking smooth words, "On June 18, 2008, all members of the RCMP were instructed that the CEW [Conducted Emergy Weapon, aka Taser] must only be used where it is necessary to do so in circumstances of threats to officer or public safety. This requirement has subsequently been written into our formal policy. ... The RCMP revised CEW policy restricts the use of CEWs and specifically warns of the hazards of multiple deployments or continuous cycling of the CEW."

William Elliott, RCMP CommissionerBut, if you look into the minutes a little farther (this is boring, they depend on you not reading all the way through, and they depend on you not understanding, and just in case you might understand, they phrase it all in bafflegab and 'official stupidity') it is not quite so clear.

Mark Holland, Liberal member for Ajax—PickeringThe Liberal terrier, Mark Holland, lashes into him right away. Doh! What's going on here? And Elliott seems to be trying to make a fool of him, and more-or-less succeeding.

So, bad blood between the committee and the Commissioner. Lots of, "No, you didn't!" and "Yes, we did!" ... blah blah blah ... If it's good enough for the Globe and Mail editorial board, it's good enough for me, enough said. Go on believing; that it is some political thing; that surely the RCMP would not lie again, at a time like this; silly me.

Because ... the CBC does an excellent piece on the issue which I found today: 6. RCMP softened Taser-use restrictions, CBC, Wednesday, March 25, 2009, complete with links to every aspect of the story, inccluding before-and-after looks at the RCMP Taser Operations Manual.

Robert Oliphant, Liberal for Don Valley WestA-and they ask William Elliott for an interview, I guess he doesn't like them very much but hey ... and he does not have time of course; you can read his letter: 7. Letter from RCMP Commissioner William Elliott to the CBC, CBC, Wednesday, March 25, 2009.

Ujjal Dosanjh, Liberal for Vancouver South, w Raminder at Ghandi's GraveIf he is not outright lying, he is dissembling, he is spinning; one way or the other he is deceiving Canadians.

So it turns out that Mark Holland, and Robert Oliphant, Liberal for Don Valley West, and Ujjal Dosanjh Liberal for Vancouver South are simply right.

Liberals have got such a bad rep ... and the CBC for that matter. Who can help but rejoice when they are trashed?

But it looks like we may have to thank them.

Taser Model X26Taser Models M26 & X26I think it is helpful and necessary to learn a bit about the Taser. Who wanted to know? But it is simply unavoidable. You can start at Taser International, see the X26 Brochure, and a comparison between the M26 and the X26. A new X26 is $800US, say, $1,000CDN (991 at today's rate of 1.24059). The RCMP Inventory stands at 2,600 Taser weapons; at a grand a pop that's almost 3 million; but this is not counting training, re-training every year, administrative seat warming, whatever - total is probably closer to 10 million.

A million for me and they would never have to worry about Tasering me again cuz I would be in beautiful Brasil :-) where the cops just shoot you.

The absolute refusal of the RCMP to simply play it straight, tell it straight. Their lies, the brutality of (at least some of) their members ... makes me tired ... I am going out somewhere for a single malt.

On a lighter note, maybe it was all just a simple mistake in terminology. Pictured to the right you can see Tim Shields holding what is referred to in RCMP-speak as a 'stapler'.

1. RCMP revamps rules for taser use, Daniel LeBlanc, February 12, 2009.
2. The RCMP rethinks the risks of tasers, Globe Editorial, February 12, 2009.
3. RCMP policy says Tasers can kill, restricts use, Sue Bailey, February 13, 2009.
4. RCMP restrict Taser use, Andrew Mayeda, February 12, 2009.
5. RCMP Commissioner misled Canadians on Taser use policy, Liberal Party Media Release, March 26, 2009.
6. RCMP softened Taser-use restrictions, CBC, Wednesday, March 25, 2009.
7. Letter from RCMP Commissioner William Elliott to the CBC, CBC, Wednesday, March 25, 2009.
8. The Nine Principles of Policing, Sir Robert Peel, Charles Rowan, Richard Mayne, 1829.
9. Police have lost public's trust and confidence, Catherine Mitchell, Saturday March 28, 2009.
10. RCMP shamed by testimony, Lee Prokaska, March 28, 2009.
11. Broken RCMP needs overhaul, Calgary Herald, March 28, 2009.
12. Taser inquiry batters RCMP credibility, Linda Diebel, Mar 28, 2009.
13. Speaking ill of the dead, Editorial, April 2, 2009.

RCMP revamps rules for taser use, Daniel LeBlanc, February 12, 2009.

OTTAWA — Given the "high risk of death" in some cases, RCMP officers are now limited in their use of tasers to individuals who pose a clear threat to the public or police, RCMP Commissioner William Elliott„© said yesterday.

Mr. Elliott used two public appearances to provide new details on the RCMP's taser policy, which has come under fire after the death of Polish traveller Robert Dziekanski„© at Vancouver's airport in 2007.

The new restrictions have been in place since last June, but were laid out in full only yesterday, two months after the announcement that four Mounties who used a taser to subdue Mr. Dziekanski would not face criminal charges.

Speaking to reporters in Ottawa, Mr. Elliott said the weapons can no longer be used against people who are simply refusing to co-operate with Mounties.

"Prior to June of last year, the RCMP's policies would have permitted the use of tasers in dealing, for example, with people who were actively resistant," he said. "We've now made it very clear that the only time the use of a taser can be justified is where there is a threat, either to our officers or to members of the public."

There have been more than a dozen deaths related to the use of tasers in Canada. Still, Mr. Elliott insisted that while the weapons "hurt like hell," they are much safer than firearms and are not lethal per se.

"I do not think there is evidence that tasers kill, but certainly, we have had some incidents where shortly after a taser was deployed, individuals died," he told reporters.

Mr. Elliott acknowledged that in circumstances involving agitated individuals, the risks associated with tasers can increase dramatically.

"All members must recognize that any use of force entails risk. Acutely agitated or delirious persons may be at a high risk of death," Mr. Elliott said.

He first informed Parliament of the new policy in a morning appearance at the public safety committee of the House. He said he could not brief MPs on the changes beforehand, given the House hasn't sat much since last summer.

Still, some MPs were unsatisfied with the RCMP's new approach to tasers. Ontario Liberal MP Mark Holland said he wants a clearer definition of a "threatening individual" who can be tasered.

"Where are they drawing the lines?" Mr. Holland asked. "I have no level of comfort at this point that the lines are firmly drawn where they need to, given that in the commissioner's own words, these weapons cause death."

Mr. Holland added that he is disappointed that the RCMP is relying on U.S. studies to justify its use of tasers. He said that there should be limits on the weapon's use against children and teenagers.

Mr. Elliott, however, said the RCMP is not prepared to go in that direction.

"Unfortunately, our officers, from time to time, encounter 14-year-olds who are extremely threatening," he said.

Sergeant Scott Warren, chairman of the RCMP's officer safety committee, said the matter is more complicated in real-life situations.

"The commissioner, with all due respect, is incorrect to say we wouldn't use them again for actively resistant people," he told CTV News.

There is an ongoing public inquiry into the Dziekanski case in British Columbia. The province's Solicitor-General, John van Dongen, said the new RCMP policy is a step in the right direction, but that the government will wait until the end of the inquiry to form a provincial set of standards.

The RCMP rethinks the risks of tasers, Globe Editorial, February 12, 2009.

The RCMP has taken a brave step by acknowledging that taser use presents a “risk of death” to agitated individuals. Its new taser policy, apparently adopted last June but made public only yesterday by Commissioner William Elliott, is a sharp break with the force's previous thinking, and indeed that of the vast majority of police forces that use the 50,000-volt electric stun gun in North America.

No Canadian police force had ever publicly acknowledged that tasers pose a fatal risk. The admission changes everything, or should. Police have always insisted the taser is low-risk; it followed that it could be used in low-risk situations, justified by the specious argument that sometimes low-risk confrontations escalate to high-risk ones. With the admission of fatal risks, there will have to be a certain threshold of danger before the RCMP can use the weapon.

There is some lack of clarity about where that threshold is set. The RCMP rejected a recommendation from the House of Commons Public Safety Committee that the taser be classed as an “impact weapon” authorized for use only when someone displays “assaultive behaviour” or poses a threat of death or grievous bodily harm. But Mr. Elliott told the committee that the new policy, explained to all RCMP members on June 18, is that the taser “must only be used where it is necessary to do so in circumstances of threats to officer or public safety.” This is strange, contradictory wording. “Threats” is a soft word; “necessary” is a strong word. “Necessary” implies that all alternatives need to be considered first; it means, essentially, that there must be no other choice. If the weapon poses what Mr. Elliott called a “high risk of death” on an acutely agitated individual, then it should be used only when that individual presents a severe threat.

The proof of what the RCMP means by its new policy will be found in how it uses the taser. The force's latest statistics, from Jan. 1 to March 31 of last year, show 304 uses, but no reporting on threat levels except for the most extreme category, risk of death or grievous bodily harm, which accounted for just 17.4 per cent of cases. That is the time to use lethal force, not a taser, the report explicitly says. (Mr. Elliott was being disingenuous when he cited an incident where police tasered a man swinging an axe at his father, to explain to the committee how tasers save lives. Used inappropriately, he was saying, it works.)

The policy change is welcome evidence that the Mounties are not impervious to change. Yes, it took the needless taser death of a distressed, unarmed Polish immigrant, Robert Dziekanski, on Oct. 14, 2007, at the Vancouver International Airport; it took a judicial inquiry, still in progress, into that death; it took critical reports from an independent RCMP watchdog; it took pressure from the Commons committee; and it took innumerable editorials across the country and other forms of public protest. But the RCMP deserves credit for making the change.

This is a considerable step forward that is bound, eventually, to be felt at other police forces. It reduces the likelihood that there will be another incident like the one in which Robert Dziekanski was killed.

RCMP policy says Tasers can kill, restricts use, Sue Bailey, February 13, 2009.

OTTAWA - RCMP policy changes acknowledge that Taser stun guns can kill - especially “acutely agitated” suspects - and will now restrict their use to cases involving threats to officers or public safety.

RCMP Commissioner William Elliott says the new rules clearly set out that Mounties can’t zap suspects for simple resistance or refusing to co-operate.

Tasers “hurt like hell,” he said Thursday of his own reaction to a trial firing. And their use must be justified as a necessary and reasonable use of force, he told MPs on the Commons public safety committee.

“The RCMP’s revised (Taser) policy underscores that there are risks associated with the deployment of the device and emphasizes that those risks include the risk of death, particularly for agitated individuals.”

RCMP restrict Taser use, Andrew Mayeda, February 12, 2009.

Taser must be only used in "reasonable" circumstances: New policy

OTTAWA — The RCMP have reined in their use of Tasers, instructing their officers to employ the devices only when they or the public find themselves in danger, says RCMP commissioner William Elliott.

Moreover, in their most explicit acknowledgment yet of the Taser’s deadly potential, the Mounties are now training their officers to recognize that using the devices carries the “risk of death, particularly for acutely agitated individuals,” Elliott told the House of Commons public safety committee on Thursday.

Under previous use-of-force guidelines, RCMP officers could use Tasers on “actively resistant” individuals, such as suspects refusing to be handcuffed.

“We’ve now made it very clear that the only time the use of a Taser can be justified is where there is a threat, either to our officers or to members of the public,” Elliott told reporters later in a news conference at RCMP national headquarters.

The RCMP’s use of conducted-energy weapons, as Tasers are formally known, has been under intense scrutiny since October 2007, when Robert Dziekanski died at the Vancouver International Airport after being tasered by RCMP.

In June, the RCMP’s public complaints watchdog, Paul Kennedy, called on the Mounties to implement stricter rules requiring officers to use Tasers only when a suspect poses a “significant” threat to police, himself or herself, or the public.

At the time, the RCMP said they were examining their "use-of-force regime.” On Thursday, Elliott outlined several changes to the force’s formal Taser policies:

• Officers will now be warned of the hazards of subjecting individual to multiple Taser charges or applying the device on a “continuous cycle”;

• The new training policy “underscores that there are risks associated with the deployment of the device and emphasizes that those risks include the risk of death, particularly for acutely agitated individuals”;

• Commanding officers have been advised to improve protocols for getting emergency medical assistance for individuals hit with a Taser;

• The Mounties have committed to detailed quarterly and annual reporting on Taser usage by their officers.

Despite the changes, Elliott said he continued to view the Taser as a “useful tool” when used “appropriately” by well-trained officers. And following his committee testimony, he stopped short of identifying Tasers as the direct cause of any deaths.

“I do not think there is evidence that Tasers kill, but certainly we have had some incidents where shortly after a Taser was deployed, individuals died, and certainly there is a distinct possibility that the deployment of the Taser . . . contributed to the individual’s death,” Elliott said.

However, Liberal public safety critic Mark Holland said the commissioner appeared to be contradicting himself.

“He’s sending out mixed signals to the members and really creating a situation where, if I were an RCMP officer, I’m wondering, ‘When should I use this weapon? What exactly is going on here?’” Holland told reporters.

Holland called on the Mounties to agree to “third-party independent testing of these weapons to be able to determine exactly how dangerous they are.”

He also said the force needs to clarify its policy on the use of Tasers against minors.

Meanwhile, New Democrat MP Jack Harris said he was concerned with the vague wording of the policy change. “The term ‘public safety’ is subject to interpretation and discretion, so I’m not totally satisfied that the rules have changed, but in terms of specifics for no longer allowing the use of a Taser for mere resisting . . . we’re satisfied there’s some movement.”

Kennedy, the public complaints commissioner, echoed that concern, noting that the previous guidelines appeared to offer more specifics on how officers should ramp up the use of force. Kennedy said the impact of the policy changes will depend on how well officers are trained.

“I think he’s taken a step forward, but whether or not the changes they’ve made are adequate, we’ll have to look at the usage that is occurring,” he said Thursday.

RCMP Commissioner misled Canadians on Taser use policy, Liberal Party Media Release, March 26, 2009.

OTTAWA – The Commissioner of the RCMP must explain why he misled Canadians on the RCMP’s Taser use policy, said Liberal Public Safety Critic Mark Holland today.

“The Commissioner misled Canadians when he told them that the RCMP had changed their policy to make Taser use more restrictive,” said Mr. Holland. “In fact, the RCMP’s policy has been weakened.”

On February 12th, RCMP Commissioner William Elliott told the Public Safety and National Security Committee that the RCMP had followed recommendations laid out in the committee’s June 2008 report on Tasers, which called for their restricted use.

But in a CBC report last night, it was learned that far from restricting the use of Tasers, the RCMP actually removed specific provisions that prohibit officers from discharging their Tasers more than once on an individual. In addition, a provision was also removed that required officers to issue a warning to suspects before they fire their Tasers.

In the CBC report, the RCMP claims that this revised policy reflects new studies that have shown that it is safe to use Tasers multiple times. However, of the two studies upon which they base their new policy, one did not look into the effects of multiple deployments and the other was commissioned by Taser International, the company that makes the stun guns.

The RCMP chose to ignore a comprehensive report published by the United States Department of Justice revealing that many deaths are associated with repeated discharges of Tasers, the medical risks are unknown, and that caution is urged in using multiple activations, according to the CBC.

Mr. Holland said he will be bringing a motion before the House of Commons to immediately recall Commissioner Elliott before the committee to explain himself.

“We have some disconcerting contradictions of fact here,” he said. “The Commissioner owes it to Canadians to come back to the committee and clear this up immediately. It is a matter of public safety and trust and we deserve the truth.”

RCMP softened Taser-use restrictions, CBC, Wednesday, March 25, 2009.

New research suggests more shots raise likelihood of causing death.

In response to national anger at the death of Polish immigrant Robert Dziekanski in the Vancouver airport, the RCMP was urged to curb multiple Taser use by its officers — but instead deleted an existing restriction from its stun-gun policy.

CBC News has learned that on Feb. 3, 2009, two sentences were erased from the main document that guides officers' actions — the first limiting Taser usage to one shot and no more than 20 seconds at a time, and the second requiring officers to warn suspects before deploying a stun gun.

"They have in fact not placed stricter guidelines on the multiple usage of the Taser; they've in fact removed the ban on multiple use in their new guidelines," said Liberal MP Ujjal Dosanjh, who was a member of a parliamentary committee that reviewed RCMP Taser use.

"And that is absolutely reprehensible, it's unacceptable, it's retrogressive — it's actually moving backwards."

The RCMP's policy change comes at a time when new independent research has emerged suggesting that chance of death from stun guns rises with each exposure, contrary to claims by the largest stun-gun manufacturer and police forces using the devices.

"It is a linear relationship: the more you are exposed — if you double the exposure, you double the risk of death," Pierre Savard, a biomedical engineer at Montreal's École Polytechnique who specializes in effects of electricity on the heart, told CBC News.

Savard studied statistics on more than 300 Taser-related deaths compiled by Amnesty International and results from 3,200 RCMP Taser deployments amassed by CBC/Radio-Canada and the Canadian Press.

That electrical current, says Savard, increases the heart rate and can directly affect the cardiac rhythm. "There are plausible mechanisms that can relate the Taser itself to death," said Savard.

A direct link between Tasers and death cannot yet be established, says Savard, until there are enough deaths for such analysis. He notes as an example that it wasn't immediately possible to link lung cancer to smoking when mass cigarette use first began.

Dziekanski hit by stun gun for 31 seconds

The Arizona-based Taser International maintains that its stun guns don't affect the heart and several zaps have no more effect on your health than one.

It points out that thousands of people have survived stun guns and compares the weapon's cycles to hollow ping pong balls: "If one ping-pong ball hit to the head does not kill you, 1,000 probably cannot either."

Based on his findings, however, Savard believes police forces should limit exposure to one or two shocks and not more than 20 seconds in total.

RCMP Corp. Gregg Gillis, a use-of-force trainer in B.C., denies the sentences were removed due to legal concerns.

He says the force never had an outright ban on using the weapon more than once and instead allowed the situation dictate the use.

The restriction written in the 2005 policy was based on older research, since proven wrong, about electrical weapons impairing breathing, said Gillis.

"We said be cautious about the use of multiple exposures, because we're not sure what the outcome might be from that, because there wasn't clear medical research that spoke to that issue."

Use of Tasers by the RCMP and other police forces has come under intense scrutiny since Dziekanski's death on Oct. 14, 2007, in the arrivals area of the Vancouver International Airport.

A bystander's amateur video captured Dziekanski's final moments, allowing officials and people around the world to witness the encounter between him and the four RCMP officers.

Committee pushed for restrictions

The video reveals that RCMP Const. Kwesi Millington deployed the Taser on Dziekanski five times, for a total of 31 seconds in the span of a minute. At the Braidwood inquiry, Millington testified he feared for the officers' safety after Dziekanski grabbed a stapler.

Dziekanski clearly falls to the floor in the video, taped by Paul Pritchard, but the constable uses the stun gun four more times.

After learning that her son had been shocked five times with a Taser, Zofia Cisowski told CBC News that she wondered why police use Tasers at all.

"They say they are human being[s] but who was my son? Also a human being," she said.

The House of Commons public safety and national security committee was among a handful of groups to investigate in the months that followed. In a report released in mid-June of 2008, the group, representing politicians of all stripes, called the RCMP's policy too permissive and pointed out weaknesses in officer training.

Most importantly, the committee called for the force to put "clear restrictions" on officers discharging stun guns multiple times and recommended they limit use to cases where the suspect is combative or poses a "risk of death and grievous bodily harm."

And if the Mounties weren't willing to do so by mid-December, the committee threatened to seek a moratorium on their use of the weapons. Eight months after the committee's report, RCMP Commissioner William Elliott told the committee that the force had introduced a revised Taser policy back in June 2008.

"I believe the facts are we have made significant changes in response to the committee's report and to respond to the recommendations," Elliott told the parliamentary committee on Feb. 12, 2009. "We have taken steps to restrict its use."

Elliott declined to be interviewed by the CBC but said in a letter sent Wednesday afternoon that he stands by his earlier assertion that the new policy restricts Taser use and "specifically warns of the hazards of multiple deployment or continuous cycling" of Tasers.

The policy added recognition that a stun gun could cause death, especially for "acutely agitated" individuals, and still informed officers that multiple or continuous shocks may be hazardous.

But the RCMP eliminated a line prohibiting officers from shocking someone more than once.

The old policy, in place since 2005, had stated: "Multiple deployment or continuous cycling of the [Conducted Energy Weapons] may be hazardous to a subject. Unless situational factors dictate otherwise … do not cycle the CEW repeatedly, nor more than 15-20 seconds at a time against a subject."

RCMP out of touch: Dosanjh

In another section, the policy instructed officers to issue a warning before using a Taser. "Police, stop or you will be hit with 50,000 volts of electricity!"

Dosanjh, the Liberal MP who was a member of the parliamentary committee, was outraged by the removal of the two sentences.

"The public safety minister has an obligation to call Mr. Elliott into his office and say, 'What are you doing? Why are you not levelling with Canadians?' " said Dosanjh. " 'Why are you not levelling with the House of Commons committee that made recommendations?' "

He said the RCMP's upper echelons appear to be out of touch with Canadians' views on Taser use and the force is in need of an overhaul.

"They don't understand the depth of the anger that Canadians feel about the Taser."

Some also fear such policy changes could serve to protect the RCMP in future cases of Taser-related deaths.

"It could weaken the case of a victim if indeed the policies of the RCMP are more permissible than they were at the time of Robert Dziekanski's death," said Don Rosenbloom, the lawyer representing the Polish government at the Braidwood inquiry.

RCMP trainer Gillis cited two studies for making the force's policy change: one examining police officers who received one five-second shock; and another paid for by Taser International on the effects of repeated stuns on breathing.

And Gillis insists that officers are hearing the message on how dangerous multiple stun-gun use can be during training.

In fact, three of the officers involved in the Dziekanski case were trained by Gillis three months before the death, but appeared unclear on the policy during testimony at the Braidwood inquiry.

Two of the officers, Millington and Const. Bill Bentley, couldn't recall why the policy on multiple Taser use was adopted.

And in fact, the study cited by Elliott to the parliamentary committee to defend the safety of Tasers, done by a U.S. government agency, the National Institute of Justice, questions multiple stun-gun use.

While it found stun-gun exposure is safe in most cases, it clearly stated that the risk of death following repeated or continuous Taser exposure is still unknown.

"Law enforcement should be aware that the associated risks are unknown. Therefore, caution is urged in using multiple activations of CED as a mean to accomplish subdual."

An analysis of RCMP stun gun reports by CBC and the Canadian Press found that 45 per cent of cases involved an officer firing the stun gun more than once.

As for deleting the verbal warning officers are to give suspects, Gillis said it was taken out due to accuracy.

Tasers don't conduct 50,000 volts of electricity, he says, noting that the weapon's electrical impact is measured in current, the rate of the flow of electrons, rather than voltage, the amount of force driving the flow.

Gillis said officers are generally trained to use appropriate warnings to de-escalate situations, even though the policy no longer requires it.

In Dziekanski's case, no warning was issued by Const. Kwesi Millington before the first of five stun-gun deployments.

Letter from RCMP Commissioner William Elliott to the CBC, CBC, Wednesday, March 25, 2009.


This is to follow up on your request for an interview today with me and your subsequent telephone conversation with Supt. Tim Cogan. We understand you wanted to ask about your perception that there is a discrepancy between the RCMP’s revised policy on Conducted Energy Weapons and statements I made to the House of Commons Standing Committee on Public Safety and National Security (SECU) on February 12, 2009. Unfortunately I am not available to be interviewed.

In your conversation with Supt. Cogan, you referenced my opening remarks to SECU where I addressed the second recommendation of the Standing Committee’s June 2008 Report and indicated “The RCMP’s revised CEW policy restricts the use of CEWs and specifically warns of the hazards of multiple deployment or continuous cycling of the CEW.”

I stand by this statement. It refers to the two aspects of the recommendation in question, relating to usage guidelines more broadly and multiple discharges.

The revised RCMP policy does restrict the use of CEWs. Section 3. 1. 1 of the revised Operational Manual (O.M.) states: “The CEW must only be used in accordance with CEW training, the principles of the Incident Management/Intervention Model (IM/IM) and in response to a threat to officer or public safety as determined by a member’s assessment of the totality of the circumstances being encountered. NOTE: Member’s actions must be reasonable and the force used must be necessary in the circumstances.”

With respect to the second aspect of the recommendation, RCMP policy includes a warning to Members that: “Multiple deployment or continuous cycling of the CEW may be hazardous to a subject.” (O.M. 3. 1. 3).

The new policy further provides that: “Acutely agitated or delirious persons may be at a high risk of death. If an individual is in an acutely agitated or delirious state, and whenever possible when responding to reports of violent individuals, request the assistance of emergency medical services. If possible bring medical assistance to the scene.” (O.M. 3. 1. 4)

The policy also directs members to make every effort to “take control of the subject as soon as possible following deployment of a CEW, and if possible during the CEW deployment”. The new policy also clearly states that “the CEW is not intended as a restraint device” (O.M. 3. 1. 5).

The statements I made to the Standing Committee are completely consistent with the policy.

I trust this clarifies any misunderstanding you may have had about the RCMP’s revised CEW policy and my statements to the Standing Committee.

William Elliott.

The Nine Principles of Policing, Sir Robert Peel, Charles Rowan, Richard Mayne, 1829.

1. To prevent crime and disorder, as an alternative to their repression by military force and severity of legal punishment.

2. To recognise always that the power of the police to fulfil their functions and duties is dependent on public approval of their existence, actions and behaviour and on their ability to secure and maintain public respect.

3. To recognise always that to secure and maintain the respect and approval of the public means also the securing of the willing co-operation of the public in the task of securing observance of laws.

4. To recognise always that the extent to which the co-operation of the public can be secured diminishes proportionately the necessity of the use of physical force and compulsion for achieving police objectives.

5. To seek and preserve public favour, not by pandering to public opinion; but by constantly demonstrating absolutely impartial service to law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws, by ready offering of individual service and friendship to all members of the public without regard to their wealth or social standing, by ready exercise of courtesy and friendly good humour; and by ready offering of individual sacrifice in protecting and preserving life.

6. To use physical force only when the exercise of persuasion, advice and warning is found to be insufficient to obtain public co-operation to an extent necessary to secure observance of law or to restore order, and to use only the minimum degree of physical force which is necessary on any particular occasion for achieving a police objective.

7. To maintain at all times a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police, the police being only members of the public who are paid to give full time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.

8. To recognise always the need for strict adherence to police-executive functions, and to refrain from even seeming to usurp the powers of the judiciary of avenging individuals or the State, and of authoritatively judging guilt and punishing the guilty.

9. To recognise always that the test of police efficiency is the absence of crime and disorder, and not the visible evidence of police action in dealing with them.

Police have lost public's trust and confidence, Catherine Mitchell, Saturday March 28, 2009.

A year ago, at a gala dinner that attracted a lot of big names, a senior officer told me he felt that the Winnipeg police department was getting very close to a tipping point -- the point at which the public loses faith in the force's integrity and its ability to protect the streets and the people who walk them.

That was three months before the storm erupted at the Taman inquiry, but some of the details of how badly the investigation of Derek Harvey-Zenk's action was botched were known. It was widely known that Harvey-Zenk, then an officer, had been at an all-night drinking party with co-workers before he drove without braking into the back of a woman's car, stopped at a red light, and killed her.

I doubt that even the top cop, with his inside information, could have fathomed at the time the outrage that would hit as the inquiry heard officer after officer repeat the infamous "I do not recall" chorus about how much drinking went on, how much Harvey-Zenk consumed at the shifter at Branigan's restaurant and then at an East St. Paul house party that lasted until 7 a.m. the next day.

Compounding the outrage, though, was a deeper betrayal. The Winnipeg police force was asked to help out the East St. Paul force by questioning Harvey-Zenk's drinking buddies about the party at the restaurant -- how long were they there, how much alcohol and food was purchased. They did a slapdash, no-problem-here kind of job. The Winnipeg Police Service's professional standards unit was excoriated by the inquiry, which found it tossed aside professional standards out of deference to fellow cops.

In the midst of the Taman inquiry, the senior officer's sentiments returned to me, more as an understatement than prophecy. Peel's Nine Principles of Policing were written by Robert Peel, founder of modern policing in Britain and future British prime minister in 1822. The statement places special emphasis on the importance of public support for police: "The ability of police to perform their duties is dependent on public approval of police action."

Winnipeggers are still recovering from the beating their faith in police took out of the Taman scandal. It is difficult to get past the fact those entrusted to investigate took out the kid gloves when it came to one of their own, thereby contributing to a miscarriage of justice.

That same sense of betrayal has returned like a bad headache, in the form of yet another inquiry, looking into the Tasering death of Robert Dziekanski.

The Vancouver inquiry has watched the four responding RCMP constables take the stand, forced to admit they got it all wrong, that the "facts" of the encounter as recorded in their notes and statements were pretty close to fiction.

They described Dziekanski was threatening and aggressive, even as he was walking away from them. The amateur video taken by a bystander at the Vancouver airport disproved those claims, showed the man was repeatedly Tasered for holding a stapler in his hand, no questions asked, no real attempt at defusing tension as four constables surrounded a bewildered traveller who had been wandering in the airport for 10 hours. This week, one of those constables refused to admit he had his leg pinned on the back of the man's neck as he lay on his stomach, despite the video evidence.

In the curious post-reconstruction of events, those trained to observe and to record "just the facts," and trained in necessary use of force, a stapler morphed into a dangerous weapon held by a combative subject. A man writhing and screaming in pain as he is Tasered five times is regarded as resisting compliance with police orders.

I returned to Peel's principles, wherein he reminds the constabulary of its duty to walk softly: "Police use force only when the exercise of persuasion, advice and warning is found to be insufficient" to gain compliance of the public with the law and use "only the minimum degree of physical force which is necessary on any particular occasion for achieving a police objective."

Compounding the problem of the RCMP notes that bore little resemblance to the events at the airport is the fact that those officers, too, were investigated by an internal affairs unit and found to have done nothing wrong. There was reliable videotape evidence that said otherwise, but it apparently mattered little against the notes of those who stopped an anxious traveller dead in his tracks.

It is too glib to conclude that the RCMP need better training, just as it was simply naive to believe that none among 24 officers at a drinking party would have noticed anything useful about how much or what Harvey-Zenk had to drink before he plowed his truck into the rear end of a car sitting at a stop light on the highway.

The public has tipped. It did not jump nor did it stumble. It has been shoved past the point of keeping faith with those who take on the tough job of keeping peace and order.

Two inquiries, six months apart, put police integrity to the test and it failed miserably. The Taman inquiry revealed municipal police to be appallingly bad at policing their own; the Dziekanski inquiry has shaken the public's faith in the ability of police to accurately record the facts of events in notes that lead to the conviction of people on criminal charges.

It fell to luck that amateur video laid bare the truth of what happened when the RCMP met a distraught traveller seeking assistance in a foreign land.

Canada needs a Robert Peel, which is to say it needs a sweeping reform to the institutional culture that prepares those who are entrusted to follow the law to keep the law.

RCMP shamed by testimony, Lee Prokaska, March 28, 2009.

RCMP Commissioner William Elliott has urged Canadians not to condemn our national police force before we know all the facts and circumstances in the Robert Dziekanski affair.

That is indeed a tall order for the average Canadian following the public inquiry into the Polish immigrant's death at the Vancouver airport in October 2007. It is all the more difficult to hold off on judging the Mounties given the force's scandal-ridden recent history.

It surely must have been difficult for rank-and-file officers to watch public trust crumble, particularly under what has been termed the "autocratic" leadership of former commissioner Giuliano Zaccardelli. An investigation into the management of the force's $12-billion pension fund did not help; neither did the gross mishandling of the case of Maher Arar, an Ottawa computer engineer who was arrested by U.S. authorities in 2002 and deported to Syria, where he was tortured into false confessions of links to al-Qaeda. Arar's name was cleared by an inquiry and he has since received more than $10 million in compensation from Ottawa.

The Dziekanski inquiry has so far cast yet another shameful pall over the Mounties involved in the incident in which Dziekanski, who spoke no English, died after being Tasered and subdued. That shame rests solely with the individual officers. It has nothing to do with members of the public unfairly rushing to judgment. These officers shamed themselves with their own testimony.

All four officers who have testified at the inquiry have changed key elements of earlier statements about the events that led to Dziekanski's death. Some explanations to the inquiry of what transpired that night were inconsistent with video taken of the events. Dan Rosenbloom, a lawyer acting for the Polish republic, has suggested to the inquiry that the four Mounties "collaborated to fabricate" their story to justify their actions after the fact.

Have these police officers lied to the public inquiry? Were they confused in the aftermath of what must certainly have been a highly charged chain of events? These are completely legitimate questions.

Those who choose to become police officers deserve both our respect and our thanks. There is no doubt policing is a stressful and dangerous job. It requires courage, quick-thinking, self-confidence and a strong sense of right and wrong.

But to maintain the confidence of the public it serves, a police force -- local, provincial or national -- and its individual officers must also demonstrate in everything they do that they take their responsibilities seriously, and that they do not play fast and loose with the truth to protect themselves. To do otherwise seriously undermines their moral authority and the public perception of their trustworthiness.

Right from the start, the events surrounding Dziekanski's death have made Canadians feel queasy, particularly because the video of the incident streamed into our homes repeatedly. We do not want to judge the RCMP prematurely, but it is becoming more and more difficult to avoid doing so.

Broken RCMP needs overhaul, Calgary Herald, March 28, 2009.

When William Elliott was appointed RCMP commissioner in 2007, the challenges ahead were monumental.It fell to Elliott, a career civil servant, to rebuild the tattered remains of our once-proud national police force, and restore public trust in an institution that had badly fallen into disrepute. The 24,000-member force was "horribly broken," according to an independent review at the time.

Less than two years later, the force is even worse off, and Elliott has failed to deliver. He needs to step aside -- or be fired -- so someone more effective and trustworthy can again try to restore accountability, transparency and integrity to our damaged Mounties.

Elliott has proven he's as much out of touch as was his predecessor, Giuliano Zaccardelli. Canadians are rightly outraged by the persistent culture of arrogance, overzealous policing and coverups that have for too long been the norm.

As the public responds with shock and horror to the testimony of four officers involved in the fatal Tasering of Polish immigrant Robert Dziekanski, Elliott is crying for understanding. The head Mountie had the nerve to suggest Canadians not "jump to conclusions" or engage in "knee jerk" reactions and instead recognize the pressures of policing.

The public understands full well when it hears testimony that's riddled with untruths. Thanks to an amateur video of Dziekanski's confrontation with police at the Vancouver International Airport, the public knows what happened.

The video contradicts all four officers' earlier statements and clearly shows Dziekanski did not need to be Tasered five times to be brought under control.He was being Tasered even while already on the floor, moaning in pain. He was no threat to anyone, never mind to the four healthy RCMP officers who carried guns and wore body armour.

Elliott's defence of his officers at all costs is evidence of the "knee jerk" conclusion he warned against. Between the disgraceful revelations at the judicial inquiry, and a CBC News report this week showing that RCMP Taser standards have in fact weakened under Elliott's watch even though he told a parliamentary committee he would toughen them, it's clear a number of outcomes must occur if the force is to regain its former stature.

- A moratorium on the use of Tasers. A parliamentary committee threatened to do just that if the RCMP didn't bring in "clear restrictions"on officers discharging the stun guns multiple times.

A CBC investigation contradicts Elliott's testimony before the committee last month, when the commissioner said steps had been taken to restrict the use of Tasers.

However, as the CBC report shows, the RCMP has done the opposite--removing two key lines from its use-of-force policy that actually weakens the guidelines.The first guide-line limited use of the Taser to one shot, and no more than 20 seconds at a time.The second required officers to warn their suspects before deploying the electrical current.

The safety of stun guns is much disputed, with police and the main manufacturer arguing no direct link between Tasers and death has been established.

But until there are enough deaths by Tasers to be studied, that link can't be made. New independent research, though, has already shown the chance of death rises each additional time the weapon is deployed.

- The homicide investigation into the four officers' actions must be reopened. Clearly, the four manufactured a version of events that bears no resemblance to reality.

Dziekanski was lost and confused at the airport. No one tried to help him. The officers shot first and asked questions later. They need to be held accountable before the law for their reckless actions that clearly fall well below the accepted standard of practice for RCMP, never mind human beings.

- An independent body of civilians is needed to investigate homicides involving police. It's obvious that police investigating themselves isn't working. There have been too many coverups, and the public has lost trust.

- A new commissioner is needed. Elliott has to go. He has lost credibility and can no longer lead this troubled organization back to health.

The iconic tradition of Canada's Mounties dates back to May 23, 1873.The red serge of their uniforms has come to represent honour, order and a proud past. But red is also the colour of shame. Without drastic change, that will be the sad legacy of this once meaningful organization.

Taser inquiry batters RCMP credibility, Linda Diebel, Mar 28, 2009.

VANCOUVER – An office stapler. Nothing special, right?

But since Robert Dziekanski picked one up at the Vancouver airport when confronted by four Mounties on a fateful morning in 2007, it has become a symbol of growing public outrage with the RCMP over the Polish immigrant's death.

Week after week, the Braidwood Commission of Inquiry looking into the death has heard the four Mounties massage earlier statements about Dziekanski's actions – including with the stapler – as well as their own.

Or, as senior officer Cpl. Benjamin (Monty) Robinson, the final Mountie to testify this week, explained: "I was mistaken, but I was telling the truth."

It's not true, insisted Robinson, that he took Dziekanski's pulse with his work glove on. Or that he put the weight of his knee on the man's neck, rather than on his shoulders. He discounts scenes from an amateur video shot by bystander Paul Pritchard that seem to show otherwise, with the comment: "I don't know how you're interpreting it, but I'm telling you what I did."

It's clear the public grasps inconsistencies in RCMP testimony about what happened early on Oct. 14, 2007, when Dziekanski, 40, was pronounced dead at the scene. He'd been zapped five times by an RCMP Taser, including after he lay writhing on the ground, screaming in pain. "You're assuming he was screaming in pain," Robinson corrected.

Faith in the Mounties appears to be nose-diving. A recent Harris-Decima poll for The Canadian Press shows 60 per cent of respondents feel the officers used excessive force on Dziekanski. Polish Canadians recently started an online petition against the officers through Facebook, and readers routinely fire off critical emails to the Star.

Wrote Lynne Earle from Slave Lake, Alta.: "A sad day for the Force and Joe Public's faith in the system."

This week, RCMP Cpl. Peter Thiessen, a senior media relations officer, told inquiry reporters: "This is a lose-lose situation for everybody ... We are certainly sensitive to the fact the public trust is at a level we would rather not see it at."

Opposition parliamentarians describe a "crisis of confidence" and fear damage to the national force could be permanent. Says NDP public safety critic Jack Harris (St. John's East): "We're very concerned because we're seeing a loss of respect for the RCMP in the minds of Canadians."

Critics urge RCMP Commissioner William Elliott to enforce stricter guidelines for Taser use and, failing that, for Prime Minister Stephen Harper's government to introduce an amendment to the Criminal Code to severely restrict use of Tasers by police.

Liberal MP Ujjal Dosanjh (Vancouver South), a former B.C. attorney general, urges a moratorium on the use of Tasers. Of the RCMP's Elliott, Dosanjh says: "He has utterly failed; he has shown no guidance, no leadership."

Meanwhile, the world is watching.

"It's the cover-up that's the worst," says Marcin Wrona, covering the hearings for TVN Poland. Last week, two of his broadcasts pulled in close to 4 million viewers. "Incidents happen everywhere, but it's how you handle it."

Before the inquiry, Robinson appeared calm and, at times, aggrieved by questions. In a March 2 letter from his lawyer, he changed key facts about the event, saying he hadn't "articulated well" before. Lawyer Don Rosenbloom, acting for the Polish republic, suggested the four officers cooked up their stories and collaborated to mislead an internal RCMP investigation.

Shortly after Dziekanski's death, RCMP officials described a man who "continued to throw things around and yell and scream" after police arrived. On the basis of the RCMP investigation, plus the amateur video, the Criminal Justice Board of B.C. announced last December that the four officers applied reasonable and necessary force, and that no charges would be recommended.

Thiessen says if additional evidence is brought forward by Commissioner Thomas Braidwood in his report, it "could potentially be forwarded to (RCMP) counsel for their decision." He won't comment when asked whether the altered versions present such evidence.

Certainly, a different image has emerged of Dziekanski, who spoke no English and arrived to live with his mother, Zofia Cisowski, in Kamloops, B.C.; his luggage was filled mostly with geography books.

It now appears he didn't stack his luggage against the door of the secure arrivals area, as officers originally said, nor did he appear in an "agitated state ... angry ... pissed off ... just wired up."

He didn't ignore RCMP commands, nor "wildly swing the stapler" while advancing on the Mounties. He didn't have to be "wrestled" to the ground, as they'd originally stated. Rather, said Robinson: "The Taser took him to the ground."

Still, Robinson insisted Dziekanski was a threat, as he held his stapler to face four Mounties armed with guns, metal batons, pepper spray and the Taser. The amateur video shows what appears to be a confused man who throws up his hands in what Rosenbloom describes as "resignation."

Dziekanski's last words before he was Tasered the first time were (as translated): "So you are not going to let me out of here? Leave me alone! Leave me alone! Are you crazy?"

Then the inquiry heard the sound of the multiple Taser zappings, amplified for viewing by Braidwood, witnesses and spectators, including Dziekanski's mother.

Even on the ground, handcuffed, Dziekanski remained a threat, Robinson claimed. Const. Bill Bentley called in a "Code 3" emergency after seeing a blue discoloration, but Robinson said this week only Dziekanski's ears were blue.

Robinson, whose first-aid training and Taser certification were expired at the time, stuck to his view Dziekanski might be alive if he hadn't picked up the stapler. If he hadn't done so, Const. Kwesi Millington might not have jolted him five times with his Taser, beginning 24 seconds after the Mounties encountered him in arrivals.

"On a personal level, it's so painful to watch (that video)," says Liberal MP and public safety critic Mark Holland (Ajax-Pickering), who says oversight is badly needed for the RCMP. "What a cruel and terrible way to die ... It is so tragic."

Speaking ill of the dead, Editorial, April 2, 2009.

The RCMP can't seem to pass up an opportunity to drag its own name through the mud. As if it were not bad enough to kill an unarmed and distressed man by tasering him five times and kneeling on the back of his neck, a lawyer representing the Mountie who wielded the taser involved is now trying to probe the dead man's past. The allegedly disturbing revelations about Robert Dziekanski that they uncovered at taxpayers' expense in Poland are worse than irrelevant. They're ridiculous.

He had an unspecified run-in with the law at 17! He may have had a toxic relationship with a woman! He drank (though not on the fateful day)! Honest, judge, he brought it on himself!

This is on a par with “the stapler made us do it,” the supposed reason for tasering Mr. Dziekanski, a 40-year-old Polish immigrant waiting 10 hours for his mother at the Vancouver International Airport on Oct. 14, 2007. One wonders who is overseeing the Mounties' strategy at the Braidwood inquiry. As in the tasering itself, the RCMP seems unable to stand back and see itself as others see it – as if attack were the only mode it knows.


Tuesday, 24 March 2009

Braidwood Inquiry - Realpolitik

Up, Down, In This Thread.

"I've said it in the hearing room and I am saying it again. You have these inconsistencies spoken by all four officers and they claim they never spoke to each other and yet these professionally trained observers, who are supposed to accurately record the events of any incident, all make the same mistakes."
     Don Rosenbloom, lawyer representing Poland.

Benjamin Monty Robinson, RCMP“Hit him again! Hit him again!”

“There’s nothing we could have done differently.”

“I was mistaken, but I was telling the truth. Just because I was mistaken doesn't mean I was lying.”

     Benjamin Monty Robinson, RCMP.

Not a lie Monty? What is a lie then? Just how 'mistaken' do you have to be before you call it a lie?

RCMP, Peter ThiessenWilliam Elliott, RCMP Commissioner“The public trust is at a level we would rather not see. We’re going to work extremely hard to get it back.”

"I can understand why the public feels frustrated at the evidence coming out. I have put that information forward, about what's come out at the inquiry. A criminal investigation could be re-opened. In this case, it's too soon to make that determination."

     Peter Thiessen, RCMP.

Any evidence WHATSOEVER of this in the facile remarks of the head honcho, William Elliott? Nope, not one SINGLE shred!

A-and just why do they need Peter Thiessen there to listen for them and make more milquetoast remarks?

TOO SOON (?!) Man! It is well more than a year TOO LATE!

What planet do the RCMP live on?

Crown Prosecutor, Neil Mackenzie, Crown Counsel SpokesmanHere is about the only optimistic point I have seen yet in Braidwood Inquiry news:  The decision last Dec. 12 not to charge the four officers criminally "was based on the evidence available and provided by police at the time to the Criminal Justice Branch. If additional evidence becomes available it's always open to us to have the matter reviewed and resubmitted to Crown. It's not uncommon for us to return a file to police."
     Neil Mackenzie, Crown Prosecutor and Crown Counsel Spokesman.

Canadians are outraged.    So what?!
The RCMP are proven goons & bullies.    So what?!
The RCMP masters are dissemblers and liars.    So what?!

I came across the December 2008 article by Lori Culbert (below) just today. Some of the opinions expressed are probably simply true: David Butcher (one of the Mountie's lawyers) has a long client list because these guys get lawyers and get off more-or-less scot-free.

We already know that Thomas Braidwood has relatively little discretion in the case. He can 'recommend' like so many Inquiry Commissioners before him and watch the recommendations go in the trash. William Davies' report on the death of Frank Paul is expected to go there according to Allen Garr, a writer for the Vancouver Courier.

Seems like every rock you turn over has another RCMP bully hiding under it - I didn't know anything about our Sergeant Russell Hannibal (dig the rank man, a sergeant yet!). And there he is tying it up in court for 6 years. The Judge aquits him despite that "the evidence left her with reasonable doubt that Hannibal used excessive force, she still 'completely rejected a lot of his testimony,' adding parts of it were 'obviously self-serving' and 'after-the-fact rationalizations.'"

So it goes (as Kurt Vonnegut might say). Have to work on that Buddhist 'let it all go' attitude I guess ...

Is that it?

People to watch: Zygmunt Riddle, Jurek Baltakis, Mandy Cheema(?).

1. Convictions of police for excessive force rare: experts, Lori Culbert, December 13, 2008.
2. RCMP officer disciplined four times, Chad Skelton, Sunday, March 22, 2009.
3. Commissioner Elliott drinks the RCMP Kool-Aid, Colby Cosh, March 24, 2009.
4. RCMP acknowledges public trust eroded after Dziekanski incident, Neal Hall, March 24, 2009.
5. Tasering officer admits he was wrong, but denies lying, Suzanne Fournier, March 4, 2009.
6. A stimulus for reform, The Province, March 25, 2009.
7. Dziekanski's death 'never should have happened,' supervising officer says, 24 March, 2009.
8. Walking a mile in the wrong shoes, Editorial, March 26, 2009.
9. Just who are these men?, Brian Hutchinson, Thursday, March 26, 2009.
10. Mountie accused of 'cooking' story, Ian Bailey, March 26, 2009.

Gallery of Benjamin Monty Robinson:
Benjamin Monty Robinson, RCMPBenjamin Monty Robinson, RCMPBenjamin Monty Robinson, RCMPBenjamin Monty Robinson, RCMP, Peter Thiessen, Reginald HarrisBenjamin Monty Robinson, RCMPBenjamin Monty Robinson, RCMP, Peter Thiessen, Reginald HarrisBenjamin Monty Robinson, RCMP, Peter ThiessenBenjamin Monty Robinson, RCMP, Reg HarrisBenjamin Monty Robinson, RCMPBenjamin Monty Robinson, RCMPBenjamin Monty Robinson, RCMP, Reg HarrisBenjamin Monty Robinson, RCMP, Peter ThiessenBenjamin Monty Robinson, RCMP, Peter ThiessenBenjamin Monty Robinson, RCMP, Reg HarrisBenjamin Monty Robinson, RCMPBenjamin Monty Robinson, RCMP


Convictions of police for excessive force rare: experts, Lori Culbert, Vancouver Sun, December 13, 2008.

A fuzzy video of four Mounties zapping Robert Dziekanski with a stun gun sparked international outrage, but it is unusual for police officers to be convicted of using excessive force in such cases, experts say.

The reasons are varied. Police are given leeway to use a certain amount of force in their jobs. It's hard to prove the officers intended to kill or badly hurt the victims. And juries are often hesitant to convict officers if the victims had been acting violently.

Among the highest-profile cases of police use of force was that of Rodney King, a black motorist beaten by four Los Angeles police officers in 1991. The police were charged but acquitted in court, sparking massive race riots.

The Taser has made the debate around police use of force more complicated. The "conducted energy weapon" was introduced as a less-lethal alternative to handguns, but its usage has increased dramatically in recent years and it has been used in multiple incidents in Canada that have resulted in a death.

That has sparked controversy internationally about whether the Taser should be considered the equivalent to a gun, or truly a more middle-of-the-road weapon if used appropriately.

On Friday, Crown counsel in B.C. said they had decided not to criminally charge four Mounties who Tasered Robert Dziekanski five times before he died last year at Vancouver airport. Prosecutors concluded the force used to subdue the Polish immigrant "was reasonable and necessary in all the circumstances." The available evidence -- including a videotape of the incident -- "falls markedly short" of what is required for a conviction, reporters were told.

That decision wasn't surprising because, although the officers might have used poor judgment, there was no evidence they intended to kill the victim, said Robert Gordon, head of the criminology department at Simon Fraser University.

Gordon, himself a former police officer, said there didn't appear to be grounds to charge the officers criminally. Their actions likely violated RCMP policies in that they should arguably have tried other interventions before firing the Taser, but that is a matter to be dealt with in a disciplinary review, not a court of law, he said.

Doug King, a lawyer with Pivot Legal Society, agreed with Gordon that it is unusual to see officers charged with using excessive force, but he thought the Dziekanski incident would have been a good case to challenge police reliance on Tasers.

"Especially when this was in the public so much," King said. "People wanted something to come of this."

Pivot lawyers have repeatedly challenged police policies on issues such as use of force.

Vancouver lawyer David Butcher argued that his client list is proof that a fair number of officers are charged with using too much force, but that the majority of cases do not end with convictions.

One of his clients, Coquitlam RCMP Cpl. Russell Hannibal, was charged with two counts of assault with a weapon for allegedly using his Taser on prisoners in custody on Aug. 25 and 26, 2001, but was acquitted.

The courts consider several issues in these cases, Butcher said in an interview. He noted that section 25 of the Criminal Code entitles police officers as well as ordinary citizens to use "as much force as is necessary" to arrest someone on reasonable grounds, although what is necessary will fluctuate with every situation.

Butcher added that the courts have also said they won't "hold the police to a standard of perfection" or assess their use of force with modern-day hindsight, but instead will consider the situation confronting the officer at the time of the incident.

Another issue for the courts to consider is whether officers are properly trained for a particular situation they face, he said.

A search of newspaper archives shows a number of police officers in Canada and the U.S. have been charged with excessive use of the Taser even though most of the victims didn't die.

- RCMP Const. Dan Cameron, of 100 Mile House, was convicted in August of assault with a weapon after using a Taser during an arrest in 2006. He received a conditional discharge.

- In February of this year, Vancouver Police Const. Trevor Lowe was found not guilty of assault with a weapon after using his Taser during a nightclub arrest in 2005.

- Edmonton Police Const. Jeff Resler was acquitted of four assault charges in 2007 in connection with the Tasering of three people, after the judge ruled his behaviour may have been inappropriate but did not amount to assault.

- Chatham, Ontario police Sgt. Edmund MacLean pleaded guilty last year to assault after zapping a handcuffed man with a stun gun in 2006. He was put on probation.

- Edmonton-area RCMP Const. Stephen Shott was convicted in 2006 of assault with a weapon for using his Taser to subdue the wrong man, but was given an absolute discharge after the judge found he made an error in judgment in an unruly situation.

- Two Terrace-area Mounties, Cpl. Brendan McKenna and Const. B.J.T. Hennessey, were found guilty of assault but received conditional discharges after Tasering a man in police custody in 2003.

- In July, a Louisiana grand jury indicted former police officer Scott Nugent on a manslaughter charge in the death of a man who was Tasered nine times while handcuffed.

- Edmonton Const. Todd Hudec was acquitted last year of charges that he assaulted a 15-year-old male by Tasering him during a strip search.


RCMP officer disciplined four times, Chad Skelton, Vancouver Sun, Sunday, March 22, 2009.

VANCOUVER - B.C. RCMP Sgt. Russell Hannibal, acquitted last year of excessive force after using his Taser twice in two days, has been disciplined four previous times by the force, The Vancouver Sun has learned.

Hannibal's misconduct ranges from lying to a superior about an expense claim to trying to date a 16-year-old whose phone number he obtained while on duty.

Last year, Hannibal was acquitted of assault with a weapon in connection with his use of a Taser against a handcuffed man.

The judge in the case said that while the evidence left her with reasonable doubt that Hannibal used excessive force, she still "completely rejected a lot of his testimony," adding parts of it were "obviously self-serving" and "after-the-fact rationalizations."

The ruling ended a battle that had been winding its way through the courts for six years.

In February 2002, Hannibal was charged in connection with two separate Taser deployments on Aug. 25 and 26, 2001.

In the first case, at the Foggy Dew pub in Port Coquitlam, Hannibal arrested a man who patted his female partner's behind. Then, after the man was already handcuffed, Hannibal zapped him six times with his Taser in handheld mode.

The next day, Hannibal used his Taser again, this time against a suicidal man being held down by three other officers.

Hannibal was acquitted of the second case in 2003 but the first took years to work its way through the courts because of legal arguments over delays in the case getting to trial.

Despite Hannibal's acquittal, the RCMP still pursued a disciplinary case against him in a hearing last September.

A copy of that hearing's decision, released in response to a request from The Sun, shows Hannibal received a formal reprimand, not for deploying his Taser, but for using "vulgar, inflammatory" language during his arrest at the Foggy Dew pub.

Hannibal was also reprimanded for a separate incident a month earlier in which he told a fellow officer "your ass is mine."

The panel of three senior Mounties hearing Hannibal's case decided to give him a formal reprimand for both incidents.

In coming to its decision, the panel listed Hannibal's four prior disciplinary cases, including:

* Uttering a verbal threat during a confrontation with a member of the public in 1993.

* Using "tactless and oppressive" language during an interaction with a member of the public in 1993.

* Lying to a superior officer in order to get an expense claim approved in 1994.

* Attempting to date a 16-year-old in 2000 whose address and telephone number he obtained during the course of his duties.

Aside from the expense-claim issue - for which Hannibal was formally disciplined and docked three days' pay - the other cases were dealt with informally by the RCMP and did not go to a public hearing.

And in the case of Hannibal's attempt to date a teenager, his only penalty was a reprimand.

RCMP spokesman Sgt. Tim Shields said, because of privacy concerns, he could not provide any details about Hannibal's attempt to date the teen.

Shields also refused to say why the force decided to deal with the matter informally, other than to say Hannibal's commanding officer would have reviewed all the facts in the case before deciding against a formal hearing.

When reached by phone, Hannibal, who is now working in an administrative position at "E" Division headquarters, refused to answer any questions.


Commissioner Elliott drinks the RCMP Kool-Aid, Colby Cosh, March 24, 2009.

When star bureaucrat William Elliott was named the first civilian commissioner of the RCMP in 2006, I was skeptical. The all-but-explicit idea behind the appointment was to bring in someone who was free enough of prejudices, closet skeletons and cronies to be able to whip the force back into shape. Unfortunately, a civilian running a hierarchical, uniformed agency with a history of splendour and renown is likely to be more vulnerable to the romance, not less. How long would it take before Elliott was defending indefensible behaviour on the part of his Mounties to the public, instead of representing the public interest to the force?

Answer: Not too long. In Kandahar on Sunday, while discussing the Taser death of Robert Dziekanski, Elliott pleaded for understanding. Canadians, he said, were mocking the officers’ apparent terror of an office stapler because civilians have "a tendency to want to look at situations as black and white situations [sic]." "I do not believe that most Canadians have an appreciation as to how difficult the situations our officers find themselves in are," he added. "They don’t realize how quickly things happen and they don’t realize how quickly often unfortunately bad things happen … Fortunately we live in a country, unlike [Afghanistan], where most Canadians do not encounter violence or threatening situations up close and personal."

Well, I’ve accidentally stapled my thumb before, and I have to admit, it does hurt like a bastard. But I’d really like Elliott to stand in front of a roomful of taxicab drivers, whose profession traditionally exposes them to a risk of homicide literally an order of magnitude higher than the police, and repeat those words. As it happens, plenty of Canadians are in an equally good position to have gained experience of "threatening situations": truck drivers, private security guards, clerks at liquor stores and gas stations.

The difference is, these people mostly aren’t allowed to protect themselves with handguns, chemical sprays and state-of-the-art body armour. Nor can they carry Tasers — the super-safe miracle weapon that, for some mysterious reason, almost no one in Canada but a peace officer is legally permitted to carry. And if a graveyard-shift 7-Eleven employee should happen to kill or injure someone in self-defence, he is certainly unlikely to have his actions scrutinized with the generosity that B.C. prosecutors exercised in deciding not to charge the Vancouver Four with a crime.

Elliott knows perfectly well — and if he doesn’t, maybe he should be paying closer attention — that retired policemen have participated in criticism of RCMP actions in the Dziekanski case. No one wants to second-guess any first responder, but Elliott is clearly unaware just how unprecedented and disillusioning an exercise the Dziekanski inquiry has been.

He doesn’t want us to judge split-second decisions? How about the decision by the cops not to use their first aid skills on a dying man? Was that some kind of snap judgment deserving our sympathy and deference? How about the positive interference the cops offered to ambulance crews when they finally arrived? Isn’t Richmond, B.C., fire-rescue Captain Kirby Graeme, who described these actions and characterized them as "unprofessional," someone who knows a lot about "how quickly bad things can happen"?

And how does Elliott’s "don’t judge" directive apply to the inaccurate notes made by the officers on the scene before they knew there would be publicly accessible video of the incident? Kwesi Millington, who pulled the electric trigger on Dziekanski five times, wrote that "the male swung the stapler wildly with his arm at the members" and had to be "wrestled to the ground." Bill Bentley wrote, "Subject grabbed stapler and came at members screaming." Gerry Rundel described him as having used "superhuman strength" in fighting off the officers.

All of these misstatements have had to be retracted because of the existence of Paul Pritchard’s footage, which the RCMP, let’s not forget, tried to suppress. (The mysterious destruction of a videotape taken from an RCMP van involved in the Curtis Dagenais shootout suggests that they’ve learned no lessons — or, perhaps, that they’ve learned them only too well.)

One is reluctant to call the Vancouver Four’s fictions "lies," but one also notices the inaccuracies all have a tendency to justify the actions of and exonerate the four. Perhaps exaggerating wildly in official notes on a killing is just another one of those stress-driven decisions we’re not allowed to sit in judgment on, along with the inaccuracies propagated by the RCMP’s publicity arm in the immediate aftermath of the incident. As long as Commissioner Elliott is in Afghanistan, he may wish to ask some of our reconnaissance experts there if they think this really looks like a hill worth dying on — either for him, or the RCMP brand.


RCMP acknowledges public trust eroded after Dziekanski incident, Neal Hall, March 24, 2009.

VANCOUVER - The RCMP realizes the level of public trust in the force has dropped as a result of evidence emerging at the Braidwood inquiry, which is probing the death of Robert Dziekanski at Vancouver's airport in 2007.

"The public trust is at a level we would rather not see," RCMP Cpl. Peter Thiessen told reporters during a lunch break at Monday's inquiry, which heard testimony from RCMP Cpl. Monty Robinson, the senior commanding officer in the early morning hours of Oct. 14, 2007, when Dziekanski was Tasered five times and died minutes later.

"We're going to work extremely hard to get it back to a level we would like to see," Thiessen said.

A reporter raised the fact that all four officers involved in the fatal in-custody death have admitted their police statements were wrong in describing the events that led to Dziekanski's death.

"Why have these officers not been fired?" a reporter asked.

Thiessen asked the public to be patient and await the results of the Braidwood inquiry, which may address "how things can be rectified" if deficiences are found.

He also said Robinson has offered to meet privately with Dziekanski's mother, Zofia Cisowski, who is attending the inquiry and said loudly as Robinson walked by, "Nice to meet you."

"He is prepared to meet her," he said. "She said, 'Maybe tomorrow.' "

Thiessen added: "This situation is regretable for everybody. It is a lose-losr situation."

He said Robinson "is extremely saddened by the fact there was a loss of life. This was a situation no one wanted to happen."

Robinson testified today that his police statements were inaccurate because he was mistaken about what happened. He said in his police statement that Dziekanski didn't fall after he was Tasered but "had to be wrestled to the ground."

Robinson testified: "I was mistaken but I was telling the truth. I sort of blended the whole interaction with him...I was mistaken."

He also admitted he was wrong when he stated in his police statement that Dziekanski was "swinging the stapler" at police.

"You used swinging 12 times in your statement?" Vertlieb asked.

"Yes," Robinson replied.

He said Dziekanski swung the stapler wildly after he was Tasered.


Tasering officer admits he was wrong, but denies lying, Suzanne Fournier, March 4, 2009.

RCMP Const. Kwesi Millington admitted at the Braidwood inquiry he was “incorrect” and “wrong” about key points of his evidence, but denied a Polish government lawyer’s accusation that he “continued to lie under oath.”

Millington, 32, is the officer who fired a Taser five times in rapid succession at Polish immigrant Robert Dziekanski, with his first shot hitting the man less than a minute after four RCMP officers arrived at the airport Oct. 14, 2007.

Dziekanski, who spent 30 hours travelling from Poland and lost at the airport, became frustrated and threw a table, but called, “Polizia, polizia” in an apparent desparate bid to get help when the four RCMP officers arrived.

Police Tasered and restrained Dziekanski when they arrived about 1:30 a.m. Within 12 minutes, Dziekanski lay lifeless on the ground, handcuffed facedown, and couldn’t be revived by Richmond first responders or paramedics.

Don Rosenbloom, the lawyer for Poland, challenged Millington: “You and your fellow officers collaborated to fabricate your story with an explanation that would justify your conduct to your superiors. Do you deny that?”

Millington replied, without losing the composure he has maintained during gruelling questioning: “We acted according to our training and we did act in a prudent fashion, and I never intended the result [Dziekanski’s death].”

Rosenbloom charged that the officers’ statements are so similar, yet contradicted by the evidence of bystander Paul Pritchard's video, that it appears “you were fast at work at the scene cooking up your story and it continued back at the detachment . . . You continued to lie under oath at this inquiry.”

Insisted Millington, “That never happened.”

Rosenbloom prepared a “chart” citing the multiple discrepancies between the Pritchard video and the testimony given at the inquiry so far by Millington and his fellow officers Const. Gerry Rundel and Const. Bill Bentley.

Brushing aside objections by RCMP lawyers, commissioner Tom Braidwood told Rosenbloom to be blunt: “You’re asking whether they got together and faked it?”

“You and your officers made some terrible and critical mistakes,” charged Rosenbloom.

Millington denied that, saying, “We acted in accordance to our training and we did act in a prudent fashion.”

Still slated to give evidence is Cpl. Benjamin Monty Robinson, who will appear on March 23 at the inquiry, after a previously scheduled two-week break. Braidwood did not want a break in Robinson’s evidence.

Dziekanski’s mother, Zofia Cisowski, said Wednesday, “They are liars . . . they are not telling the truth, I am so angry.”

But Ravi Hira, Millington’s lawyer, said outside the court, “He was not lying. My client stepped forward on the witness stand . . . where he made mistakes [and] he admitted them readily.

“He is entitled to Taser a person more than once if siutational factors dictate, and that’s what he testified.”

Cisowski’s lawyer Walter Kosteckyj cited a “big gap” in the officers’ evidence and “what the video shows,” saying Dziekanski never raised or swung a stapler “wildly” as a weapon, was not combative and “never advanced a step and was never aggressive toward the officers.”

The stapler that the RCMP claimed Dziekanski brandished as a weapon was shown to reporters yesterday in an evidence bag, as a relatively small black “Apsco 17” stapler, made in Sweden, about 13 inches long when open.

Kosteckyj, a former RCMP officer, said the RCMP should “step forward and admit this was not their finest hour” and should also reopen the Integrated Homicide Investigation Team file based on new evidence at the inquiry.

Neil MacKenzie, Crown counsel spokesman, said the decision last Dec. 12 not to charge the four officers criminally “was based on the evidence available and provided by police at the time to the Criminal Justice Branch.”

“If additional evidence becomes available it’s always open to us to have the matter reviewed and resubmitted to Crown,” said MacKenzie. “It’s not uncommon for us to return a file to police.”


A stimulus for reform, The Province, March 25, 2009.

RCMP Cpl. Benjamin "Monty" Robinson was the officer in charge the night Robert Dziekanski was Tasered five times just before his death.

In his initial statement Robinson said Dziekanski was "swinging wildly" with a stapler and that he had to be wrestled to the ground by all four officers. A video shot by bystander Paul Pritchard suggests otherwise.

At the Braidwood inquiry into Taser use and Dziekanski's death, Cpl. Robinson admitted his initial statement was incorrect, but insisted he did not lie.

"I was mistaken, but I was telling the truth," Robinson said to Braidwood lawyer Art Vertlieb.

"Just because I was mistaken doesn't mean I was lying," he also said.

Ah yes, the George W. Bush weapons-of-mass-destruction defence.

It ultimately matters little whether Cpl. Robinson lied in his initial statement, or was mistaken. Either way, this public inquiry is a public relations disaster for the RCMP.

Every day that this inquiry continues, Canadians lose more faith in our national police force. In the end, let's hope Justice Thomas Braidwood's recommendations go beyond the use of Tasers and attempt to make the obviously dysfunctional RCMP a little more functional.


Dziekanski's death 'never should have happened,' supervising officer says, 24 March, 2009.

VANCOUVER, B.C. — The ranking RCMP officer who says he ordered one of his constables to stun Robert Dziekanski with a Taser told a public inquiry Monday the man's death "never should have happened."

But Cpl. Benjamin Monty Robinson, the fourth officer to testify at the hearings, said he doesn't think he contributed to the tragic outcome. "This is a tragic thing that happened and it saddens me every time I have to look at it," said Robinson, 38, who has been on the force for nearly 13 years.

"No one should have passed away," he said. "This never should have happened."

"Is there anything that you did, from your perspective, that contributed to this event that you can see?" asked his lawyer, Reg Harris.

"No," replied Robinson.

Robinson testified earlier that he gave the order to shock Dziekanski with a Taser, and repeated the command as many as two more times.

That contradicts testimony from the officer who fired the Taser, who said he made the decision on his own, but Robinson insisted he told Const. Kwesi Millington to use the Taser when Dziekanski picked up a stapler and moved toward the officers.

"When he took the step forward, that's when I gave Const. Millington the command to deploy the Taser," said Robinson. "And at that point, the Taser was deployed."

Robinson said when Dziekanski didn't immediately fall down, he asked for a second shock.

The Polish man, who didn't speak English, had been waiting at Vancouver's airport for many hours. Police were called when he began throwing furniture in the airport arrivals area.

A bystander's video played numerous times at the inquiry shows Dziekanski was on the floor for the second stun, and Robinson acknowledged Dziekanski had either already collapsed or was on his way down by the end of the first shock.

Still, he maintained that he gave the command when Dziekanski was still standing.

On the video, one of the officers can be heard shouting, "Hit him again! Hit him again!" after the second stun, long after Dziekanski had fallen. The other officers have said that voice belongs to Robinson.

Robinson said he didn't remember giving a third command, but didn't dispute that it was him.

"I don't rule that out, it was me a third possible time," he said.

Robinson completed Taser training in 2003, but that training expired three years later. He wasn't recertified until a month after Dziekanski's death.

The fact that his certification had lapsed meant only that he wouldn't be able to use a Taser himself, the corporal said, but it wouldn't affect his ability to order his officers to do so.

Robinson said his command to use the Taser was the first instruction he gave any of his constables that night.

The officers were on a dinner break at the RCMP's airport detachment when they received a call about a man throwing furniture, and Robinson said they all walked to their cruisers and headed to the airport without so much as a word from him.

Robinson was the last one to arrive at the airport, and he said there was no discussion before the four of them walked into the international terminal and walked up to Dziekanski.

"Did you have any plan in your mind about what you would do with this call and the three constables attending with you as you entered the airport?" asked Vertlieb.

"No," replied Robinson.

Earlier in the day, Dziekanski's mother, Zofia Cisowski, approached Robinson outside court.

"Nice to meet you, nice to meet you," said Cisowski as Robinson walked away.

An RCMP spokesman later said he offered to set up a private meeting between Robinson and Cisowski, but she declined.

Crown prosecutors announced in December that the officers wouldn't be charged in connection to the death, saying they acted with reasonable force in the circumstances.

However, the officers' actions are under scrutiny by inquiry commissioner Thomas Braidwood, who can make findings of misconduct against the officers or anyone else.

After Dziekanski's death, all four officers remained on duty at the airport for several weeks before they were all reassigned, some outside the province.

Robinson was moved to the RCMP's Olympic Integrated Security Unit, which is preparing security for the 2010 Winter Games in Vancouver, but was suspended with pay shortly after he was arrested last October in connection with a fatal collision.

A 21-year-old motorcyclist was killed when he was struck by a Jeep in suburban Delta, south of Vancouver.

In a news release dated Oct. 28, 2008, Delta police said they were recommending the off-duty officer - subsequently identified as Robinson - be charged with impaired driving causing death and driving with a blood alcohol level over the legal limit, but the Crown has not announced any decision on charges.


Walking a mile in the wrong shoes, Editorial, March 26, 2009.

RCMP Commissioner William Elliott wants Canadians to “walk a mile in my shoes” – a Mountie's brown boots – before judging the organization or its people in the fatal tasering of the Polish immigrant Robert Dziekanski at the Vancouver International Airport. But the RCMP is not the victim here, and it will not regain Canadians' confidence by acting like one.

Mr. Elliott's comment is egregious and insulting because he asks for his organization what he does not ask of it – that it walk a mile in the shoes of an unarmed immigrant who did not speak English or French, and who had been waiting for his mother for 10 hours. Never mind a mile. The Mounties never took the first step. They began tasering Mr. Dziekanski, about whom they knew nothing, and never asked, within 30 seconds of approaching him.

Mr. Elliott asks for empathy, but why should Canadians ignore incompetence and unprofessionalism? Everything that has emerged from the four officers involved, in testimony at a judicial inquiry in British Columbia, underscores the organization's failure to train its officers properly. Corporal Benjamin Monty Robinson, the most senior of the four, had let his first-aid training lapse five years earlier. No wonder he failed to recognize or address Mr. Dziekanski's distress. Cpl. Robinson's taser training occurred in 2003 and he hadn't had a refresher course. No wonder Mr. Dziekanski was tasered five times, though he never got up after the first one. Why isn't the RCMP training its people properly?

The amateur video of the RCMP's fatal confrontation with Mr. Dziekanski should be used as a teaching tool at every police college in the country: This is what not to do.

Lesson one might be that the police, not the unarmed subject, are in control. The RCMP is on the verge of making itself a laughingstock because the four officers testified about how threatened they felt when Mr. Dziekanski picked up a stapler. (The officers had all said initially that Mr. Dziekanski had swung the stapler. He hadn't.) Canada's finest, having tamed the West quite peacefully, are now a-quiver at being collated. These officers had options. They could have backed off. Mr. Dziekanski was in a secure area. Time was on the officers' side.

But in their view, Mr. Dziekanski was in control. “He didn't afford us the opportunity” to give a warning, said Cpl. Robinson. Yet everything that happened was brought on by those officers. It was their aggressive approach – four armed police moving in as a pack, right up close, and spreading around him – that caused the confused, frightened man to pick up the stapler. Relaxing and backing off a few steps could have worked wonders. What a teachable moment for all police everywhere.

It is clear to nearly everyone in Canada except the RCMP that the tasering was unnecessary, brutal and a national embarrassment. It is equally clear that the RCMP, in its official statements and in the initial statements of the four officers, told rank falsehoods. Their training and judgment were simply not up to the task. On the positive side, Mr. Elliott said last month that his force has changed its taser policy to reflect a risk of death. He seems now to be speaking out of both sides of his mouth.

Mr. Elliott, a career civil servant, was made commissioner at a low point for the RCMP two years ago. His job was to fix a “horribly broken” agency. Yet it seems from his latest comments the RCMP is determined to learn nothing from the death of Mr. Dziekanski. The impression he leaves is that the organization is still horribly broken.


Just who are these men?, Brian Hutchinson, Thursday, March 26, 2009.

Before slamming his Jeep into a young motorcyclist, the off-duty RCMP corporal had been drinking. Only two beers, consumed at a late-afternoon party, insisted Benjamin (Monty) Robinson, to a Delta, B. C., police officer who attended the fatality.

But his eyes were bloodshot, according to the officer's written report. His speech was slurred. A "strong" smell of liquor emanated from his breath and from his person.

This was in October, 2008, one year after Cpl. Robinson and three other Mounties had confronted an agitated Polish traveller at Vancouver International Airport. Robert Dziekanski died after receiving five jolts from an RCMP-deployed Taser and being man-handled on the ground.

Cpl. Robinson was the senior officer in charge and the most experienced of the four. He came under special scrutiny this week at the inquiry now underway into Mr. Dziekanski's death. His three subordinates testified before inquiry commissioner Thomas Braidwood earlier. All four officers admitted to making erroneous statements about the Taser incident to investigating officers,making Mr. Dziekanskiouttobe an attacking, stapler-swinging adversary. The officers blamed their flawed statements on fatigue, confusion, and an inability to "articulate."

None of the officers have been formally accused of any wrongdoing in connection to the Dziekanski death. The B. C. Crown announced late last year that no charges are forthcoming, much to the dismay of many observers. Public anger rises with every new revelation made at the inquiry.

Just who are these men? They are still Mounties, although none of the four work at the RCMP's Vancouver airport sub-detachment any more. All four have been reassigned, at least three of them to indoor duty.

Still in his twenties, Constable Bill Bentley is the youngest of the four. A former Canadian Border Services officer from Windsor, he arrived at the RCMP's Regina training depot in 2005. After the Dziekanski incident, he was removed to a desk job and works with the RCMP's 2010 Olympic Games detail. Constable Gerry Rundell, 48, is the oldest of the four. A former fish farmer from Vancouver Island, he had only two years of RCMP service the night that Mr. Dziekanski died. He has been reassigned to Vancouver Island.

Constable Kwesi Millington, 32, is physically the largest of the four officers. Holder of a Bachelor of Commerce degree from Ryerson University in Toronto, he attended depot training from 2004 to 2005, and began working at the YVR sub-detachment in July 2006. Const. Millington is the officer who deployed a Taser five times at Mr. Dziekanski. He has been reassigned to desk duty. Of aboriginal ancestry, Cpl. Robinson is a graduate of Trinity West-ern University in Abbotsford, B. C., and is a 13-year RCMP veteran. He's been in at least one legal tussle before.

In August, 2005, a B. C. man named Greg Garley launched a civil lawsuit naming eight defendants, including Cpl. Robinson. The lawsuit was briefly mentioned during a lawyer's cross-examination of Cpl. Robinson at the Braidwood inquiry on Tuesday.

Mr. Garley is a former pizza parlour operator who claims to have had many unsatisfactory encounters with RCMP officers. In fact, in 2004 he was unlawfully struck with a Taser while detained in an RCMP jail cell, in Princeton, B. C. The Taser was ordered deployed by a Mountie who later pleaded guilty to assault with a weapon. The officer received a conditional discharge in court and was reassigned to a neighbouring detachment. Mr. Garley is suing him.

In an unrelated, 2005 lawsuit, Mr. Garley alleged he was assaulted by other defendants, and that Cpl. Robinson and another officer failed to respond to his medical needs. Mr. Garley later checked himself into a hostpital for treatment. Mr. Garley's lawyer, Robert Levin, says the allegation against Cpl. Robinson was essentially one of "neglect." The matter has been settled. Terms cannot be disclosed, says Mr. Levin: "It was not really a big deal in the grand scale of things."

The death in October of 21-year-old motorcyclist Orion Hutchinson [no relation to this reporter] certainly is. Cpl. Robinson still faces a possible charge of impaired driving causing death.

Allegations and findings of fact contained in a Supreme Court of British Columbia file paint an ugly picture. According to the police report made the night of the accident, Cpl. Robinson claimed that he'd left the fatality immediately, before investigators arrived, and walked home, where he downed two shots of vodka and then walked back. All in 10 minutes.

The attending officer was skeptical. "Police opinion [is] that symptoms far more set than two shots in that time period should indicate," she noted.

Cpl. Robinson was administered two breath tests. He blew well over the legal limit for alcohol both times, according to the police report. His blue, 2002 Jeep was impounded.

One month later, in November, 2008, Cpl. Robinson applied to have his 90-day driving prohibition reviewed. His lawyer argued that the Delta police evidence was unreliable.

An adjudicator from the Office of the Superintendent of Motor Vehicles disagreed. He found Cpl. Robinson's story about consuming alcohol after the fatal crash incredible. "I note that there is nothing in the [police] report that the witnesses [at the scene] indicated you left the scene," wrote the adjudicator. "I find it unlikely that after witnessing you having a collision that the witnesses would then allow you to leave the scene."

But Cpl. Robinson didn't accept the decision. Last month, he petitioned the Supreme Court of British Columbia to overturn it. Mr. Justice Mark McEwan refused. The petition was dismissed three weeks ago.

This week, Cpl. Robinson came before the Braidwood inquiry, where he acknowledged his having made statements to police that bore little semblance to the truth. Pending any new development, he will return to his assignment with the RCMP's Vancouver 2010 Olympics detail.


Mountie accused of 'cooking' story, Ian Bailey, March 26, 2009.

Officer denies matching testimony with those of other three officers in Dziekanski case.

VANCOUVER -- Poland's lawyer at the inquiry into Robert Dziekanski's death yesterday accused the senior Mountie of cooking his story with those of other three officers to justify their conduct, which included blasting the immigrant with a taser five times in about 30 seconds.

In a flat, calm voice, Corporal Benjamin Robinson denied it.

"I have been telling the truth," said the 38-year-old officer, the last of the four Mounties to testify to the Braidwood inquiry on the details of the events at Vancouver airport on Oct. 14, 2007.

Early that day, the four officers travelled from the RCMP's airport detachment to the international arrivals terminal, responding to a dispatchers' report that a man was throwing furniture. That man was Mr. Dziekanski, acting erratically after a 21-hour journey from Poland to Canada, and being lost in the airport for more than 10 hours. The 40-year-old Polish labourer died of cardiac arrest after being tasered and wrestled into handcuffs by the officers.

Poland's Vancouver-based lawyer Don Rosenbloom said he had no reservations about his allegations that the officers collaborated on their testimony.

"I've said it in the hearing room and I am saying it again. You have these inconsistencies spoken by all four officers and they claim they never spoke to each other and yet these professionally trained observers, who are supposed to accurately record the events of any incident, all make the same mistakes," Mr. Rosenbloom told reporters outside the hearing room.

His concerns included the officers' suggestions that Mr. Dziekanski was agitated, when he was actually calm when approached; that three officers talked about Mr. Dziekanski's supposed defiance in walking away from officers contrary to their wishes; the erroneous suggestion that Mr. Dziekanski was standing after he was tasered.

"This is just beyond the pale. It is unacceptable. There are too many inconsistencies and they are all giving those same erroneous versions of events," Mr. Rosenbloom said.

In his final day on the stand, Cpl. Robinson also said he felt qualified to provide basic first aid to Mr. Dziekanski although his certification had expired by the night of the confrontation. He also denied placing his knee on Mr. Dziekanski's neck as officers struggled to restrain him.

And he acknowledged errors in his initial statements on the case. Earlier this month, the officer's lawyer asked the commission for permission to change his comments in six areas. "I did the best job I could. I admit there are inaccuracies," Cpl. Robinson said yesterday.

During the hearing, Mr. Rosenbloom opened his last round of questions by saying: "You and your fellow officers collaborated to fabricate your story in the expectation that it would justify your conduct the night Mr. Dziekanski died. Do you deny that?"

"I deny that," Cpl. Robinson replied.

He also offered a soft-spoken "I deny that" to Mr. Rosenbloom's suggestion that the officers "were fast at work at the scene cooking up the story."

With a "No, we did not," Cpl. Robinson rejected Mr. Rosenbloom's suggestion the officers misled the members of the Integrated Homicide Investigation Team. "And lastly, I am going to suggest to you that you have been lying under oath before this commission. Do you deny that?" Mr. Rosenbloom asked.

"I have been telling the truth," Cpl. Robinson said.

Zofia Cisowski, Mr. Dziekanski's mother, said she did not believe Cpl. Robinson, and accused him of being evasive. "He never says any straight answer - yes or no, just round and round," she said.

She said she was thankful for amateur video shot by a bystander that has been dissected during the hearing. "The truth would never [have] come out if we had no video."

Mr. Rosenbloom's cross-examination of Cpl. Robinson ended the officer's three days of testimony.

As lawyers and staff gathered their materials to leave the hearing room, Mr. Rosenbloom made a point of going over to shake Cpl. Robinson's hand. The embattled officer took the lawyer's hand and returned the shake with a small smile. "There are courtesies in my profession," Mr. Rosenbloom later explained. "When a person is off the stand, I treat them with respect."