Winnipeg Free Press

Winnipeg Free Press (Newspaper) - July 30, 2013, Winnipeg, Manitoba C M Y K PAGE A10 A 10 WINNIPEG FREE PRESS, TUESDAY, JULY 30, 2013 CANADA winnipegfreepress. com We're more than just one building. Whether it's in one of our 55 homes or yours, we're proud to touch the lives of thousands of individuals with developmental disabilities and autism across Manitoba every year. W E ' R E H E L P I N G O U R C O M M U N I T Y B E Y O N D O U R W ALLS STAMANT . CA W Y B S . 10 STANDARD AIRBAGS . STABILITRAK ELECTRONIC CONTROL AND TRACTION CONTROL . POWER WINDOWS AND DOOR LOCKS . REMOTE KEYLESS ENTRY . 16" WHEELS . BLOCK HEATER 2013 CRUZE LS ISA LTZ MODEL SHOWN THE SMART CHOICE. WHERE SAFETY MEETS IMPRESSIVE FUEL ECONOMY. *^ 52 MPG HIGHWAY 5.4 L/ 100 KM HWY | 8.2 L/ 100 KM CITY .. TO GUARANTEE OUR QUALITY, WE BACK IT 160,000 KM/ 5 YEAR POWERTRAIN WARRANTY Whichever comes first. See dealer for limited warranty details. 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Offer is unconditionally interest- free. *^ For more information visit iihs. org/ ratings. **$ 2,250 manufacturer to dealer credit available on cash purchases of 2013 Chevrolet Cruze LS 1SA. Other cash credits available on most models. By selecting lease or financing offers, consumers are foregoing such discounts and incentives which will result in a higher effective interest rate. See dealer for details. Offers end July 31,2013. V ANCOUVER - It is impossible to say for certain one of the four Mounties who confronted Robert Dziekanski at Vancouver's airport worked with his three colleagues to concoct a story about what happened that night, says a judge who found the officer not guilty of perjury Monday. Even an explosive video shot by a traveller may not hold the full story about what happened when Dziekanski was zapped repeatedly with a Taser before dying on the airport floor in October 2007, B. C. Supreme Court Justice Mark McEwan said in his verdict. Const. Bill Bentley had been facing a charge he lied at a public inquiry into Dziekanski's death, but McEwan said there are " other explanations, inconsistent with the guilt of the accused, that remain open on the evidence." When the verdict was pronounced, Bentley bent over and cried into a tissue. Whether the verdict will change what happens with the perjury charges against Bentley's three colleagues is not clear. Crown counsel spokesman Neil MacKenzie said the special prosecutor will take a close look at the ruling. " Each of these cases is determined on its own specific facts," he said. " I don't want to speculate about what the effect of this decision may be other than to say that, obviously, the cases contain some interrelated facts." Bentley was the first to be tried for perjury for his testimony during the 2009 inquiry, which was called to find answers about what happened the night the officers responded to a call about a distraught man throwing furniture in an arrivals area. Bentley said in his notes Dziekanski came at the officers screaming and brandishing a stapler, prompting police to use the Taser several times and wrestle Dziekanski to the ground. But the video, shot by traveller Paul Pritchard, appeared to contradict some of Bentley's notes and statements. During Bentley's trial, the Crown called several witnesses from the airport and prosecutors relied on a comparison of the police officers' notes and statements. Prosecutors tried to prove the collusion by relying on similarities in the four officers' notes and statements. The fatal confrontation fuelled a national debate about the safety of Tasers, prompting the Braidwood Inquiry that forced Bentley and the other three officers to account for why they used so much force so quickly on a man who, on the surface, appeared calm when police arrived. The Crown argued at trial Bentley and the other officers colluded on their stories to homicide investigators and then lied at the inquiry to cover up the deception. " The peculiar nature of this case is that the alleged falsehood is that at the inquiry, Mr. Bentley lied about lying," McEwan wrote in his ruling. " The Crown has not shown that in any particular ( allegation), Mr. Bentley made a false statement knowing it to be false and with intent to mislead the inquiry. The Crown has advanced a suspicion based largely on circumstantial evidence." Commissioner Thomas Braidwood's final report concluded the officers used too much force and had no justification for using the Taser. But McEwan found that when Dziekanski picked up the stapler, he could be seen to be combative. " It is quite possible that the Pritchard video did not capture the gestures several witnesses observed that would be consistent with Mr. Bentley's note that Mr. Dziekanski ' came at' the police because it was taken from behind Mr. Dziekanski." - The Canadian Press Mountie cleared of perjury in B. C. Tasering case Confrontation led to immigrant's death By Keven Drews VANCOUVER - Allan Schoenborn, the British Columbia father who killed his three children, will not be transferred to a psychiatric hospital in Manitoba as he'd requested, the B. C. criminal justice branch announced Monday. Schoenborn asked for the move at a review- board hearing in February, saying his mother and other family members could visit him in the Selkirk Mental Health Centre facility near Winnipeg. The review board panel had recommended the transfer, but the responsible B. C. justice official declined consent. " Ultimately, the assistant deputy attorney general, the head of the branch, reviewed the matter and concluded that in the interests of public safety, it was best that Mr. Schoenborn not be transferred at this time," said Neil MacKenzie, spokesman for the branch. He will remain at the Forensic Psychiatric Hospital in Port Coquitlam, B. C. No request for the transfer was made to justice officials in Manitoba. An official at the B. C. Review Board said the board had not been advised of the decision and therefore had no comment. Schoenborn was found not criminally responsible by reason of mental disorder for the April 2008 slayings of 10- yearold Kaitlynne, eight- year- old Max and five- year- old Cordon in their Merritt, B. C., home. He stabbed his daughter and smothered his sons before fleeing, only to be found a week later dehydrated in the woods not far from the crime scene. The statement issued Monday noted the considerable public attention the case has received. Dave Teixeira, a spokesman for the murdered children's mother, Darcie Clarke, said the family was " absolutely ecstatic" with the decision. " The concern was that he was going to be transferred to Manitoba, which means that for his annual hearings the family would have to raise money to go and contest the hearing," he said. " Because he's not in the criminal justice system, there's no victims' fund. There's nothing for the family. They would have to go, and fly, and pay all of those expenses." Clarke also had concerns because she has family living in close proximity to the facility in Manitoba, Teixeira said, as well as concerns about the location and physical layout of the facility in Manitoba. The Selkirk hospital is surrounded by an open field. " Because Schoenborn has survival training - after he committed the three murders he ran away and hid in the bush for 10 days - the concern was that he could easily escape there," he said. During erratic testimony at his trial, Schoenborn, 40 at the time of the slayings, said he killed the children to protect them from what was later described as an imagined threat of sexual abuse. The Crown claimed the murders were revenge on Clarke for leaving her husband. The case sparked outrage, and anger was renewed when 14 months after he was found not criminally responsible, the B. C. review board granted Schoenborn the possibility of supervised day trips into the community. Two weeks later, amid a public outcry and after learning Clarke lived in the city where Schoenborn is incarcerated, the board held another hearing at which Schoenborn unexpectedly withdrew his request. Schoenborn has been the focal point of a federal government effort to change laws affecting mentally ill offenders. He was cited by Prime Minister Stephen Harper when he announced legislation earlier this year creating a " high- risk" designation for not criminally responsible offenders. Such offenders will face a mandatory review every three years, rather than every year. - The Canadian Press Killer dad denied transfer to Manitoba facility By Dene Moore DARRYL DYCK / THE CANADIAN PRESS ARCHIVES Const. Bill Bentley was found not guilty of lying during an inquiry in 2009. A_ 10_ Jul- 30- 13_ FP_ 01. indd A10 7/ 29/ 13 9: 04: 04 PM ;