VANCOUVER – Two senior media relations Mounties will have to testify at the Braidwood Inquiry, which is probing the Tasering and subsequent death of Robert Dziekanski at Vancouver International Airport in 2007.
Helen Roberts, the lawyer representing the RCMP at the inquiry, suggested that the inquiry did not need call Cpl. Dale Carr and Sgt. Pierre Lemaitre as witnesses because they had no direct knowledge of the events leading to Dziekanski’s death at about 1:30 a.m. on Oct. 14, 2007.
The lawyer also pointed out to Commissioner Thomas Braidwood, a retired judge, that he earlier said he was not interested in probing the adequacy or quality of the homicide investigation done by the Integrated Homicide Investigation Team – Carr does media relations for IHIT.
Roberts pointed out that the two media relations officers are under investigation after complaints were filed with the Commission for Public Complaints Against the RCMP.
One complaint was filed by the BC Civil Liberties Association, she said, and the other was initiated by Paul Kennedy, chair of the RCMP complaints commission.
“I think we need them,” Braidwood decided.
The inquiry has heard that Lemaitre, while speaking on behalf of the RCMP shortly after Dziekanski’s death, told reporters the man had been Tasered twice.
In fact, Dziekanski received five shocks from a Taser, which was only made public last Dec. 12 when the Crown announced there would be no charges against the four RCMP officers involved in the death at the airport.
Carr is expected to testify Wednesday and Lemaitre is scheduled to testify Thursday.
Earlier in the day at the inquiry, lawyer Walter Kosteckyj, who is representing Dziekanski’s mother, Zofia Cisoski, called for B.C. Attorney General Wally Oppal to reopen the investigation of a fatal incident involving police.
He said new evidence has emerged at the Braidwood inquiry to warrant the investigation being reopened.
“Decisions were made in terms of charges on the basis of an IHIT report, which included the statements various police officers,” Kosteckyj told reporters during a break in the inquiry.
“In fact, they have recanted on three or four important points,” he added, “so it makes some sense that this matter should be looked at again.”
Kosteckyj also urged that a independent special prosecutor be assigned to oversee the renewed investigation.
“This is a criminal investigation that needs an independent prosecutor to look at it completely,” Kosteckyj said. “It is high time we have completely independent oversight. The police shouldn't be investigating themselves.”
The Braidwood inquiry resumed Tuesday after a two-week break. The second part of the inquiry began last January.
A number of witnesses are scheduled to testify today, including RCMP Cpl. Nycki Basra.
She is expected to testify about an RCMP “debriefing” about the fatal incident that involved four Mounties who attended the airport to respond to a 911 report of a man throwing luggage around.
Seconds after the officers arrived, they confronted Dziekanski, 40, who spoke no English. The man threw up his arms and grabbed a stapler, prompting an officer to deploy a Taser five times.
Dziekanski died at the scene after the four officers struggled to handcuff his hands behind his back. Cause of death was “sudden death during restraint.”
Dziekanski had left his home in Poland more than 24 hours earlier and wandered around the secure international arrivals area for about nine hours, looking for his mother.
The mother and son never connected at the airport.
Dziekanski remained in an area of the airport inaccessible to the public. The mother waited for hours for her son but finally returned home when officials were unable to locate her son, who had come to Canada to live with his mother.
A video of the incident taken by a bystander at the airport sparked an international outcry at how the man was welcomed to Canada. All four officers changed their version of events after watching the video.
nhall@vancouversun.com
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