Dziekanski was compliant, lawyer alleges

The lawyer for Robert Dziekanski's mother has accused one police officer of looking for a fight the night RCMP confronted Dziekanski at Vancouver's airport and the Polish man was jolted with Taser blasts.

Walter Kosteckyj told the Braidwood inquiry in Vancouver on Thursday that Const. Bill Bentley made no effort to gather information before confronting Dziekanski because Bentley was looking for a fight.

"Don't forget, he was the last police car to arrive and yet he's the first guy over the fence," Kosteckyj told reporters following Thursday's hearing. "That talks to you about where his mindset was in terms of analyzing the situation. So where were the senior guys that should have been analyzing the situation?"

Bentley said the four officers had no plan to use a Taser the day Dziekanski died in October 2007. But just minutes after the last officer arrived, Dziekanski was jolted with the Taser five times and died.

Kosteckyj said initial 911 calls about Dziekanski throwing furniture around were exaggerated, and asked Bentley whether approaching a subject without gathering any information was good police work.   

Bentley said there wasn't enough time to properly assess what was happening.

Doubts cast on events

Don Rosenbloom, a lawyer representing the Polish government at the public inquiry, cast further doubt on the RCMP's version of events.

The RCMP contends that when Dziekanski, who did  not speak English, turned his back on officers, as seen on tape, it was an act of defiance.

But Rosenbloom suggested that when the video is examined frame by frame, by turning around, Dziekanski appears to merely be obeying an instruction by an officer for him to move toward a counter.

Rosenbloom contended that Dziekanski was in fact being compliant — rather than defiant — when he was subdued.

Kosteckyj said that should come as great comfort to Dziekanski's mother, Zophia.

"He was in those statements shown as a guy who was virtually attacking those police officers, that he was being aggressive towards them, that they had ample reason to Taser him. And now you've heard this one officer recant that portion completely."   

Crown prosecutors announced in December they wouldn't charge any of the four officers involved, but the inquiry could still make findings of misconduct.

The inquiry continues next week.