A B.C. Supreme court justice has denied Const. Kwesi Millington's application to dismiss a perjury charge alleging he lied about the death of Robert Dziekanski to the Braidwood Inquiry.
The Braidwood Inquiry was convened to investigate how Dziekanski died after being stunned several times by RCMP Tasers in the arrivals lounge of Vancouver International Airport in 2007.
The charge against Milington is only one count, but carries 10 separate allegations.
His lawyer, Ravi Hira, had argued one of the charges should be stayed. The charge in question alleges Millington lied at the inquiry when he said he never discussed the incident with his partners before giving his statement to investigators.
Hira told the court the issue of collusion had already been rejected by a judge last year when he acquitted Millington's partner, Bill Bentley, on a similar allegation.
Hira argued that prosecuting Millington for collusion would essentially amount to a retrial of a charge that had already been dismissed.
But special prosecutor Eric Gottardi told the court the two officers are not the same accused, and the evidence against each is significantly different.
B.C. Supreme Court Justice William Ehrcke agreed and dismissed Millington's application. The trial has been adjourned to Oct. 31.