B.C. Mountie pleads not guilty in fatal Delta crash
CBC News
Posted: Feb 13, 2012 12:41 PM PT
Last Updated: Feb 13, 2012 9:17 PM PT
An RCMP officer involved in a 2008 crash that killed a motorcyclist in Delta, B.C., pleaded not guilty to one charge of obstruction of justice on Monday morning in provincial Supreme Court in New Westminster.
Cpl. Benjamin (Monty) Robinson was arrested after his jeep struck a motorcycle, killing Orion Hutchinson, 21, at a Delta intersection on Oct. 25, 2008.
Robinson, who was off duty at the time of the collision, was charged with obstruction of justice after he allegedly handed his driver's licence to witnesses and left the scene with his two children to walk them home.
He allegedly told the officers he had two beers earlier in the evening but took two shots of vodka when he reached his home in order to calm his nerves, according to court documents.
He then returned to the accident site where he failed a roadside breathalyzer test.
At the opening of the trial on Monday, Crown prosecutor Kris Pechet said that behaviour proves obstruction because Robinson is an RCMP officer trained in impairment and familiar with the defence of drinking after an accident.
Pechet said a witness will testify she heard Robinson tell a Christmas party that to beat an impairment charge you should leave your driver's licence at the scene, quickly drink some alcohol and then tell officers you had to settle your nerves.
Robinson has been suspended with pay since the incident and was not accompanied by any family or friends when he arrived in court, but members of Hutchinson's family spent much of the morning weeping in the public gallery.
The trial is being heard by judge alone.
Coroner believed alcohol a factor
After the accident, a coroner ruled Hutchinson was speeding and impaired at the time and alcohol was believed to be a contributing factor on the part of Robinson.
Delta police originally recommended a charge of impairment causing death and dangerous driving causing death, but Crown prosecutors decided instead on a charge of attempting to obstruct justice.
Cpl. Benjamin Montgomery Robinson is on trial for obstruction of justice in the death of Orion Hutchinson, 21. (CBC)The case has also been a lightning rod for motorcyclists, and the B.C. Coalition of Motorcyclists has held rallies at each court appearance for Robinson.
Robinson was also the senior officer in charge during the death of Robert Dziekanski at Vancouver International Airport in 2007. He and the other three RCMP officers who confronted Dziekanski, who was stunned with a Taser before he died, are scheduled to stand trial on perjury charges in 2013.
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