The Crown has lost its bid to overturn Const. Bill Bentley's acquittal in the Robert Dziekanski perjury case.
A unanimous decision by the B.C. Court of Appeal dismissed the Crown's contention that Bentley committed perjury while under oath at the Braidwood Inquiry, as the three justice's concluded the trial judge had not made errors in law when considering the evidence or the elements of collusion.
The written decision by Justice Anne Mackenzie said there was no error in that trial judge's decision of reasonable doubt.
Bentley was among four officers who confronted Dziekanski at Vancouver's airport in October 2007, when the Polish immigrant was repeatedly stunned with a Taser and died.
All four officers were charged with perjury for what the Crown alleged was altered testimony at a subsequent public inquiry overseen by Justice Thomas Braidwood.
But Bentley – who was tried first — was found not guilty after the judge concluded there were other innocent explanations for the discrepancies.