Mounties want B.C. court to prevent Taser inquiry from finding misconduct

June 8, 2009
By THE CANADIAN PRESS

VANCOUVER, B.C. — Lawyers for the four RCMP officers involved in Robert Dziekanski's death are trying to prevent a public inquiry from making findings of misconduct against them.

Inquiry commissioner Thomas Braidwood has told the four Mounties he may make findings of misconduct when he writes his report into what happened when Dziekanski was stunned with a Taser at Vancouver's airport.

The notice doesn't necessarily mean Braidwood will make such a finding, but he is required to give notice if he wants the option left open.

David Butcher, lawyer for one of the four officers, says he will argue in B.C. Supreme Court on Friday that a provincial inquiry doesn't have authority to make findings of misconduct against federal police officers.

The actions of the four officers came under heavy scrutiny at the inquiry, which wrapped up testimony last month and will finish with closing submissions in a few weeks.

The officers testified they stunned the Polish immigrant several times with a Taser because he was aggressive and threatening them with a stapler.