The RCMP officer who shocked Polish immigrant Robert Dziekanski several times with a Taser denies conspiring with three other Mounties to cover their actions in tackling Dziekanski.
Const. Kwesi Millington, 32, insisted at a public inquiry Wednesday that he and the other officers followed their training and did not fabricate stories to justify use of a stun gun.
Don Rosenbloom, a lawyer for the government of Poland, told the inquiry into Dziekanski's death that Millington was lying under oath about what happened.
"You and your fellow officers collaborated to fabricate your story in the expectation that it would justify your conduct to your superiors. Do you deny that?" Rosenbloom asked.
"Yes. We never did that," Millington replied.
Dziekanski was immigrating to Canada from Poland and spoke little English. He died on Oct. 14, 2007, shortly after being stunned by Mounties up to five times.
He had been wandering Vancouver International Airport for hours and became agitated after communication breakdowns kept him in a controlled area.
Rosenbloom referred to inconsistencies and inaccuracies found in Millington's and other officers' notebooks, as well as their police reports and statements given to investigators.
Rosenbloom said some of the mistakes may have left the impression Dziekanski was screaming at police with a stapler raised above his head before he was stunned, and that he had to be wrestled to the ground because the first Taser strike was having little effect.
The inquiry has heard both descriptions were false, based on a video taken by a bystander and repeatedly played back in the courthouse.
"Why are there similar mistakes made by you and your fellow officers?" Rosenbloom asked.
"I don't know, we dealt with the same incident, but I don't know why," Millington said.
"I am suggesting that you and your fellow officers intentionally misled [homicide] investigators and you continue to lie under oath at this commission. Do you deny that?" Rosenbloom said.
"That didn't happen," Millington replied.
Defence dismisses suggestion of conspiracy
Millington's lawyer, Ravi Hira, scoffed at the suggestion his client was lying.
He told reporters outside the inquiry that most of the errors were about "non-material" facts, and he insisted most of what Millington told investigators was borne out by the video.
Millington, who now works in Ontario, told the inquiry he never once spoke to his fellow officers about what happened from the moment Dziekanski died or in the weeks they continued to work together afterwards.
Crown prosecutors decided in December not to charge Millington, Const. Gerry Rundel, Const. Bill Bentley and Cpl. Benjamin Robinson, saying they acted with reasonable force.
But Thomas Braidwood, the inquiry commissioner, could make findings of misconduct against the officers or anyone else involved.
The inquiry will take a two-week break and resume March 23, when Robinson, the supervising officer, will testify.