Crown says RCMP perjury trial shouldn’t be bound by earlier acquittal

VANCOUVER – The Crown says it wouldn’t make sense for a court to prevent prosecutors from arguing that four RCMP officers colluded to lie about Robert Dziekanski’s death just because one of the men has been acquitted.

Const. Kwesi Millington is on trial for perjury for his testimony at a public inquiry, and his lawyer says the acquittal of another officer prevents the Crown from arguing its collusion theory for a second time.

A judge found Const. Bill Bentley not guilty after a trial last year, concluding there was no evidence Bentley lied or colluded with his fellow officers.

Crown counsel Eric Gottardi says the earlier trial has no bearing on Millington’s case, because different people are on trial and they will face different evidence.

Gottardi says if prosecutors are prevented from arguing the issue of collusion at Millington’s trial, the same rationale would affect trials of gang members and co-conspirators in cases involving separate trials.

Millington and three other officers who confronted Dziekanski at Vancouver’s airport in October 2007 were charged with perjury for their testimony at a public inquiry into the death.