Braidwood Inquiry resumes bickering

after being derailed just prior to final summation in June by the sudden appearance of an email written on Nov. 5, 2007 in which Chief Supt. Dick Bent alluded to the four officers' having a plan to TASER™ Robert Dziekanski prior to arriving on the scene, in direct contradiction to their sworn testimony that they did not have such a plan.

There's lots of media on this so I'm not going over all of it, but a couple of the more obvious Cover Your Ass points are being under-reported here.

Constables Bill Bentley, Kwesi Millington, Gerry Rundel and Cpl. Monty Robinson, who all gave startling similar but - according to the video we've seen -clearly wrong accounts of the events, were permitted to work together for several weeks after the incident.

The email from Chief Supt. Dent to Assistant Commissioner Al Macintyre regarding his conversation with Supt. Wayne Rideout on the eve of the release of bystander Paul Pritchard's video, which showed Dziekanski being Tasered five times, being restrained and dying face down in handcuffs on the airport floor :

Media Strategy — Release of YVR video.
Al, spoke with Wayne Rideout today about our strategy for the release of the video. He had a couple of concerns. First, he didn't think we should be providing any explanation for what was transpiring but instead just say the Inquest will take evidence under oath etc. I went through the rationale and said we need to have an explanation otherwise our detractors will put their own spin.

...then a paragraph on who would be the best media point man to "do the narrative" in order that they not "lose the perception of independence", then :

Finally, spoke to Wayne and he indicated that the members did not articulate that they saw symptoms of excited delirium, but instead had discussed the response en route and decided that if he did not comply that they would go to CEW. He has asked investigators for a synopsis and should have it by noon tomorrow.

Dick

Rideout testified on Tuesday that Dent's interpretation of their conversation is "wrong" and his superior Dent, who is due to retire in two weeks, reluctantly admitted that might be possible.
Al Macintyre has said he never even received this email but as a week of his blackberried emails from Nov 1 to 8th has gone missing, this is impossible to verify.

The RCMP has belatedly released another 18,000 relevant documents since June but the inquiry is wrapping up with closing arguments scheduled to begin on Oct. 5 regardless.

Meanwhile, the break in proceedings caused by the sudden appearance of the not-terribly-explosive-after-all email gave the four RCMP officers time to file in Appeals Court seeking a "permanent injunction to prevent the commission from continuing any proceedings against them", while Taser Int is asking the B.C. Supreme Court to quash all 19 of Justice Braidwood's recommendations.

And suddenly, B.C.'s police chiefs and top RCMP officers, including Rideout who calls the current in house investigation system an "unwinnable image problem", are all over the media recommending a new independent office to investigate police, but most balk at the suggestion that such a body be comprised entirely of civilian investigators.

Too much CYA still going on here all round.

My confidence in the Braidwood Inquiry took a beating in June when Justice Braidwood held a presser in which he displayed a childlike thrill at learning all about tasers immediately followed by blaming the media for much of the public lack of trust in the RCMP.
We'll see.
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Braidwood Inquiry posts to date.
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Braidwood Inquiry : Dziekanski compliant after all

From the very beginning the RCMP justification for stunning Robert Dziekanski has been that he was "defiant" and "non-compliant".
Constable Gerry Rundel testified on Monday that Dziekanski turned away from the officers in a "to hell with you guys, I'm out of here," stance.
Const. Bill Bentley testified he feared for his safety after "Dziekanski disobeyed a police command, threw up his arms in the air and appeared to walk away from the officers, which he saw as an act of defiance."

Yesterday the lawyer for the Polish government blew that excuse away when he walked Bentley through five frames of Paul Prichard's video which clearly show that Dziekanski turned away from the RCMP officers towards a counter because he was directed to do so. In the video RCMP Cpl. Benjamin Robinson is plainly seen vigorously pointing towards the counter with his arm extended straight out in front of him and Dziekanski turns toward it as directed. At this point the four officers surround Dziekanski and RCMP Const. Kwesi Millington fired his TASER™ for the first time.

When the inquiry resumes on Monday, Const. Millington will face tough questioning as to why he then zapped Dziekanski for a further 20 to 25 seconds after he was already on the ground.
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No charges for RCMP who killed Dziekanski

The Star : "The Mounties involved in Polish immigrant Robert Dziekanski's death at Vancouver's airport last year will not face any criminal charges.
When RCMP responded to a disturbance call about Dziekanski, four officers confronted the unarmed Polish man and less than a minute into the encounter, a Taser gun was used, jolting Dziekanski, who fell screaming to the ground. Video, captured by a bystander, shows officers piling onto Dziekanski. He died within minutes."

Two to four TASER™ jolts less than 25 seconds after entering the room actually, and then they stood around for 11 minutes afterwards doing nothing to revive him while waiting for help.

Without Paul Pritchard's ugly and incriminating 10 minute video of the whole event and his threat of legal action against the RCMP to get it back from them, we wouldn't even know what happened because prior to its release the official RCMP story was that there were only two cops and perhaps Dziekanski was a "drug mule" or had "an underlying medical condition".
And then there were the internal documents between the Canadian Border Services Agency, the RCMP, and airport officials on their own security tapes of the incident : "The material has been cleansed too much," read one.

BC's Attorney General will be explaining this exciting new legal precedent at a press conference later today : If a gang of four thugs attacks someone without cause, drops them to the ground and leans on their neck and chest until they are dead - no worries.

As to CBC's recent report that "four out of 41 guns tested actually discharged more electrical current than Taser International says is possible."
Well good on ya for this, CBC, but this isn't exactly news, is it?
"In 2004 Robert Bagnell was killed almost instantly after being shocked by a Vancouver police Taser.
"Engineering firm Intertek tested the two weapons fired during the Bagnell incident. Their research found while one Taser performed within a normal electrical output, the other was 30 times higher.
Taser International, a U.S. stun gun manufacturer, later disputed Intertek's test results. Since then, the two Bagnell Tasers were sent to the Canadian Police Research Centre in Ottawa for further examination. That was two years ago.
Victoria Const. Mike Massine, considered one of Canada's foremost police experts on stun guns, says Tasers are not tested by police. "I'm assuming (Tasers) are tested at the factory," he said. "We don't have the mechanism to do that."

Dr. Dawg : WHITEWASH :
"It's time to disband this "horribly broken" outfit. And it's time to break up the cosy little cliques that have developed between police and Crown attorneys. Lives may well depend upon it.
Until this happens, no one is safe from the bully boys in red serge. No one. There are no checks and balances, there is no accountability. The RCMP is literally out of control. Its officers are, unlike the rest of us, above--or outside--the law."

Follow-up post : Dziekanski's death his own fault apparently!

RCMP strip details from Dziekanski airport TASER™ report

Missing from the RCMP report :
1) Dziekanski's name
2) the name and rank of the officer who fired the TASER™
3) the name of his supervisor
4) details about the duration of the firing
5) the number of times the weapon was used in stun mode
6) whether Dziekanski was armed
7) a written summary of the incident
8) "assessments as to whether use of the TASER™ helped the RCMP either "avoid use of lethal force" or "avoid injuries to subject or Police."

CP : "In a letter accompanying the form, the RCMP says it invoked exemptions under the Access to Information Act to protect the privacy of the person stunned and to guard confidences about the force's investigations and weapons."

"To protect the privacy of the person stunned"
I can't find the italics italic enough for that statement.

RCMP Commissioner William Elliott, the man brought in to clean up (the image of) the RCMP, said in March, "Our motivation is not to avoid criticism or controversy by exercising our discretion one way or the other, but to strike an appropriate balance between sometimes competing interests like privacy and the public's right to know."
CP : Insp. Troy Lightfoot, an RCMP spokesman, said that internal analysis of the forms concluded the painful weapons were being used correctly.


In 2004 Robert Bagnell was killed almost instantly after being shocked by a Vancouver police Taser.
CTV :

"Engineering firm Intertek tested the two weapons fired during the Bagnell incident. Their research found while one Taser performed within a normal electrical output, the other was 30 times higher.
Taser International, a U.S. stun gun manufacturer, later disputed Intertek's test results. Since then, the two Bagnell Tasers were sent to the Canadian Police Research Centre in Ottawa for further examination. That was two years ago.

Victoria Const. Mike Massine, considered one of Canada's foremost police experts on stun guns, says Tasers are not tested by police. "I'm assuming (Tasers) are tested at the factory," he said. "We don't have the mechanism to do that."

Intertek's data came as a surprise to Federal Liberal Party safety critic Ujjal Dosanjh.
"If they've known about this and have done nothing -- that is absolutely wrong," Dosanjh said."

Today, Dosanjh and TASER™ chairman Tom Smith will both testify at the BC inquiry into TASER™ use.

It's worth remembering that none of these inquiries would be happening at all had not Paul Pritchard of Victoria first recorded Dziekanski's murder and then stood his ground and hired a lawyer to reclaim the recording from the RCMP after they told him it might be several years before they would return it.

Previous to Pritchard's YouTube going worldwide, the RCMP were already covering their tracks, muttering darkly about the likelihood of Dziekanski being a drug mule and how the officers were forced to use stun guns because the room was crowded with airline passengers.

So much, Mr. Elliott, for your "appropriate balance between competing interests like privacy and the public's right to know".