Citizen Hero Recognized

UPDATED: CBC's The Current audio here. (Paul Pritchard, 1st segment)

The citizen hero who filmed Robert Dzianski's violent death was properly recognized for his responsible and commendable actions.

Per the CBC today:

Man who shot Dziekanski video gets journalism award
By CBC News | October 28, 2009

The man who used a digital camera to record the death of Robert Dziekanski at the Vancouver airport says he feels guilty he didn't try to help the Polish immigrant even though others honoured his actions Tuesday with a citizen-journalism award.

The man who used a digital camera to record the death of Robert Dziekanski at the Vancouver airport says he feels guilty he didn't try to help the Polish immigrant even though others honoured his actions Tuesday with a citizen-journalism award.

Dziekanski, 40, died Oct. 14, 2007, following several shocks from a Taser four RCMP officers used to subdue him after he caused a disturbance.

The incident might never have received much attention if Paul Pritchard had not decided to grab his digital camera and start recording the actions of the distraught Dziekanski before police arrived.

_______________


After the incident, Pritchard, who was on his way to his family's home in Victoria and had been waiting in the international arrivals lounge at the time, handed his video over to the RCMP to use in their investigation. The police promised it would be returned in 48 hours.

But when the RCMP's public statements about the incident conflicted with what Pritchard and other witnesses said they saw, Pritchard demanded the RCMP return the video so that he could release it to the public.

When the police refused, saying releasing the video would compromise their investigation, Pritchard hired a lawyer, held a news conference and threatened to use legal action to get it back.

The release of the 10-minute video, which contradicted the police version of the incident, led to widespread public outrage around the world and diplomatic tensions between Canada and Poland. It also resulted in the deepest scrutiny of the RCMP in decades in the form of a special inquiry into the incident, led by retired British Columbia Appeal Court Justice Thomas R. Braidwood.

Citizen journalism award

On Tuesday evening in Toronto, Pritchard's work in documenting what happened and waging a legal battle against the RCMP for the release of his video was honoured by Canadian Journalists for Free Expression.

The organization gave Pritchard its first-ever award for citizen journalism, which recognizes the contributions of ordinary people in the field of journalism.

_______________


"I don't consider myself a hero, and to be honest, I'm not completely happy with the fact that I did that," said Pritchard. "Maybe instead of grabbing a camera, I could have gone and talked to him.

"If I feel I did something wrong, or feel I didn't do enough, I think the effort I put in afterwards is enough for me to live with that ? I did everything I possibly could do."

Personally, I consider Paul a hero for what he did.

Without his responsible actions, the whole affair would have been swept under the proverbial rug . . . .


(Cross-posted from Moved to Vancouver)

Stonewall Wally Oppal starts his re-election campaign

CanWest today : RCMP officers may be charged in Dziekanski death

"The four RCMP officers who Tasered a Polish immigrant at the Vancouver International Airport may face charges in his death, B.C.’s Attorney General said Monday.

"Nothing is final . . . particularly where we’re getting more and more evidence elicited on a daily basis," Oppal told the CBC, referring to the inquiry evidence. "So it may well be, at the end of the day, the people in the criminal justice branch could re-examine this."

Really, CanWest? Are you quite sure that's what he said?

Because what I'm remembering is that all three levels of Executive Management in the Criminal Justice Branch watched exactly the same Paul Pritchard video footage the rest of us saw and after comparing it to Cpl. Benjamin (Monty) Robinson's statement in which he claimed 12 times that Dziekanski swung the stapler at them and had to be stunned twice before being wrestled to the ground, they announced that the video supported the officers' accounts. They then mustered the gall to issue this unanimous statement on December 12, 2008 :

"There is a substantial body of independent evidence which supports that the Officers in question were lawfully engaged in their duties when they encountered Mr. Dziekanski, and the force they used to subdue and restrain him was reasonable and necessary in all the circumstances.

In light of this independent evidence, there is not a substantial likelihood of conviction in this case for any of the offences considered, in fact, the available evidence falls markedly short of this standard."

And that available evidence hasn't changed, has it?
So what did Stonewall Wally Oppal actually say today?

CP (Italics mine) :

"RCMP officers who testified at the inquiry into the death of Robert Dziekanski at Vancouver's airport could still face charges after the inquiry but so far there is nothing to suggest that might happen, B.C. Attorney General Wally Oppal said Monday.

"It's always the case in any determination where we decide that no charges were warranted that if there was new evidence and that new evidence was appreciably different then in those circumstances charges could be laid," Oppal told The Canadian Press. "But we're talking theory here."

"(The criminal justice branch) said at that time there would be no charges and all I said is that if new evidence emerges there's always a possibility to lay charges, but I didn't specifically say in this case it would happen," said Oppal.

Oppal said he's "not prepared to buy in" that there was a significant change in evidence and there were false statements made."

Care to revise your bullshit headline now, CanWest?
Everyone else ... as you were.

Electioneering for the May 12 BC Election apparently started in earnest today with Wally suddenly remembering his seat is up for grabs too.

Cross-posted at Creekside

RCMP : Getting away with murder

Exhibit A
In June 2008, in response to public outrage over Robert Dziekanski's death at YVR in 2007, the House of Commons public safety and national security committee threatened the RCMP with a complete ban on TASER™ use if "clear restrictions" were not put on officers discharging stun guns multiple times by December.
Eight months later, RCMP Commissioner William Elliott told the committee that the force had already introduced a revised Taser policy back in June 2008 to address that very concern :

"We have taken steps to restrict its use."

At the time, many of us wondered why Elliott had waited a whole eight months to signal compliance with a policy already implemented.
Last night CBC reported that, contrary to what he led the public safety committee to believe, Elliott had actually relaxed the 2005 restrictions on multiple zappings, removing the following rule from the RCMP operational manual on conducted energy weapons :

3. 1. 3. Multiple deployment or continuous cycling of the CEW may be hazardous to a subject.
Unless situational factors dictate otherwise (see IM/IM), do not cycle the CEW repeatedly, nor more than 15-20 seconds at a time against a subject.

Also deleted was the requirement to warn subjects before the TASER™ was used on them.
h/t Boris

Cpl. Gregg Gillis, the RCMP's national use-of-force co-ordinator, cited two studies to explain the new position - one was funded by Taser Int., while the other did not address the effect of multiple TASER™ use on the heart at all.
Three of the officers involved in Dziekanski's death were trained by Gillis three months before but were unable to recall the policy. When questioned, Millington, who deployed the TASER™ on Dziekanski five times for a total of 31 seconds over one minute, said he would have to check the manual first to answer why there was a policy on multiple use.

Obviously if even their own manual does not prohibit it, individual RCMP officers cannot be held responsible - or charged or sued - for deaths by multiple TASER™.
Further, if another confused and frustrated immigrant walks through the Canadian Border Services Agency administered area of YVR tonight where the observation cameras apparently don't work and even when they do the tapes get erased, Elliott's new rules dictate the same response and outcome that Dziekanski received.

In response to CBC's request for an interview, RCMP Commissioner William Elliott wrote: "Unfortunately I am not available to be interviewed."


Exhibit B
It is very unlikely that the Criminal Justice Branch of BC will change its decision to prosecute the RCMP officers who killed Robert Dziekanski - even following their appalling performance at the Braidwood Inquiry - because of the following criteria :

1) It must be determined that their prosecution would be in the public's best interest
2) There must be a substantial likelihood of conviction

That the Crown had already seen the Pritchard video and apparently did not consider it to substantially contradict the officers' statements tells us a good deal about their criteria.


Exhibit C
When the investigating officers from the Integrated Homicide Investigation Team (IHIT) interviewed the four officers about Dziekanski's death, they failed to warn them first of their rights under the Charter that anything they said could be held in evidence against them or that they had a right to have their lawyers present. Consequently all of that now utterly debunked original testimony - Dziekanski running at them screaming and brandishing a stapler and needing to be wrestled to the ground following multiple TASER™ use or the CBSA room being too crowded - is now considered contaminated for use in the courts.

And even if the IHIT team had warned the officers, what they say in testimony at a public inquiry like Braidwood's cannot be used directly in evidence against them at any other proceeding. Plus the Braidwood Inquiry does not have any jurisdiction over the RCMP and cannot compel them to hold hearings or investigations.


The RCMP is a paramilitary organisation that from Elliott on down through the ranks ceased being accountable to the public quite some time ago.
What can you do? Here's one facebook petition nearing 10,000 members.

Cross-posted at Creekside

No criminal charges for RCMP who killed Dziekanski

Dr. Dawg : "The four RCMP officers who killed Robert Dziekanski at the Vancouver Airport are going to walk."

As I said at Creekside : "Without Paul Pritchard's ugly and incriminating 10 minute video of the whole event and his threat of legal action against the RCMP to get it back from them, we wouldn't even know what happened because prior to its release the official RCMP story was that there were only two cops and perhaps Dziekanski was a "drug mule" or had "an underlying medical condition", that he was "armed", that they had to use stun guns because "the room was crowded".
And then there were the internal documents between the Canadian Border Services Agency, the RCMP, and airport officials on their own security tapes of the incident : "The material has been cleansed too much," read one.

Which presumably explains why "the Crown concluded there was not enough evidence to warrant charges."


As to CBC's recent report that "four out of 41 guns tested actually discharged more electrical current than Taser International says is possible."
Well good on ya, CBC, but this isn't exactly news, is it?

"In 2004 Robert Bagnell was killed almost instantly after being shocked by a Vancouver police Taser.
"Engineering firm Intertek tested the two weapons fired during the Bagnell incident. Their research found while one Taser performed within a normal electrical output, the other was 30 times higher.
Taser International, a U.S. stun gun manufacturer, later disputed Intertek's test results. Since then, the two Bagnell Tasers were sent to the Canadian Police Research Centre in Ottawa for further examination. That was two years ago.

Victoria Const. Mike Massine, considered one of Canada's foremost police experts on stun guns, says Tasers are not tested by police. "I'm assuming (Tasers) are tested at the factory," he said. "We don't have the mechanism to do that."

But this latest whitewash is about more than just TASERS™. Four RCMP dropped an unarmed man who was no danger to themselves or others and knelt on his chest until he passed out, then stood round doing nothing to revive him. And then they lied about it.

Dr. Dawg : "It's time to disband this "horribly broken" outfit. And it's time to break up the cosy little cliques that have developed between police and Crown attorneys. Lives may well depend upon it."

RCMP strip details from Dziekanski TASER™ report

Missing from the RCMP report :
1) Dziekanski's name
2) the name and rank of the officer who fired the TASER™
3) the name of his supervisor
4) details about the duration of the firing
5) the number of times the weapon was used in stun mode
6) whether Dziekanski was armed
7) a written summary of the incident
8) "assessments as to whether use of the TASER™ helped the RCMP either "avoid use of lethal force" or "avoid injuries to subject or Police."

CP : "In a letter accompanying the form, the RCMP says it invoked exemptions under the Access to Information Act to protect the privacy of the person stunned and to guard confidences about the force's investigations and weapons."

"To protect the privacy of the person stunned"
I can't find the italics italic enough for that statement.

RCMP Commissioner William Elliott, the man brought in to clean up (the image of) the RCMP, said in March, "Our motivation is not to avoid criticism or controversy by exercising our discretion one way or the other, but to strike an appropriate balance between sometimes competing interests like privacy and the public's right to know."
CP : Insp. Troy Lightfoot, an RCMP spokesman, said that internal analysis of the forms concluded the painful weapons were being used correctly.


In 2004 Robert Bagnell was killed almost instantly after being shocked by a Vancouver police Taser.
CTV :

"Engineering firm Intertek tested the two weapons fired during the Bagnell incident. Their research found while one Taser performed within a normal electrical output, the other was 30 times higher.
Taser International, a U.S. stun gun manufacturer, later disputed Intertek's test results. Since then, the two Bagnell Tasers were sent to the Canadian Police Research Centre in Ottawa for further examination. That was two years ago.

Victoria Const. Mike Massine, considered one of Canada's foremost police experts on stun guns, says Tasers are not tested by police. "I'm assuming (Tasers) are tested at the factory," he said. "We don't have the mechanism to do that."

Intertek's data came as a surprise to Federal Liberal Party safety critic Ujjal Dosanjh.
"If they've known about this and have done nothing -- that is absolutely wrong," Dosanjh said."

Today, Dosanjh and TASER™ chairman Tom Smith will both testify at the BC inquiry into TASER™ use.

It's worth remembering that none of these inquiries would be happening at all had not Paul Pritchard of Victoria first recorded Dziekanski's murder, stood his ground and hired a lawyer to get the recording back from the RCMP on being told it might be several years before they would return it, and then released it to the public.
Previous to Pritchard's YouTube going worldwide, the RCMP were already covering their tracks, muttering darkly about the likelihood of Dziekanski being a drug mule and how the officers were forced to use stun guns because the room was crowded with airline passengers.

So much, Mr. Elliott, for your "appropriate balance between competing interests like privacy and the public's right to know".

Cross-posted at Creekside