http://www.theglobeandmail.com/news...ed-driving-charge-in-bc-death/article1384800/
Globe and Mail Update Published on Tuesday, Dec. 01, 2009 6:29PM EST Last updated on Tuesday, Dec. 01, 2009 6:34PM EST
Overruling recommendations by a local police force, B.C.'s attorney general's office has refused to lay impaired driving charges after a fatal crash last year involving an RCMP officer who is also at the centre of the scandal over the tasering and death of Polish immigrant Robert Dziekanski.
The minister's Criminal Justice Branch will instead lay a single charge of Attempting to Obstruct Justice against RCMP Corporal Benjamin (Monty) Robinson.
The charge came after a Oct. 25, 2008, crash in Tsawwassen, B.C., in which motorcyclist Orion Hutchinson was struck and killed by a Jeep alleged to have been driven by Cpl. Robinson, who was off-duty at the time. Witnesses said at the time that the officer fled the scene of the crash to drop his kids off at his home nearby. He later failed a breathalyzer test.
Six months ago, the Delta Police Force, which includes Tsawwassen, recommended the Crown lay charges of impaired driving causing death and dangerous driving causing death. They took the unusual step of announcing their recommendation, citing the high profile of the case.
But in a statement Tuesday, the government said “available evidence does not establish to the criminal standard of proof beyond a reasonable doubt, that at the time of the collision Cpl. Robinson had a blood alcohol level over the legal limit, that his ability to operate a motor vehicle was impaired by alcohol, or that he was operating his vehicle in a dangerous manner…”
Court documents suggested Cpl. Robinson said, at the scene, he had walked to his nearby home after the crash, consumed the vodka, and returned.
In March, the B.C. Supreme Court rejected a petition by Cpl. Robinson that a 90-day driving suspension handed down in the case was unfair because his blood-alcohol content was affected by the vodka.
The crash came just over a year after Cpl. Robinson gave the order to fire a taser at Mr. Dziekanski, who died shortly after.