(Delta Optimist) – The preliminary inquiry to determine if there’s sufficient evidence to take a B.C. RCMP officer to trial on an obstruction of justice charge in the 2008 death of a Tsawwassen man is scheduled to start Monday.
The preliminary inquiry in the case against Cpl. Benjamin Monty Robinson, who was involved in the 2008 crash that killed 21-year-old Orion Hutchinson, is scheduled for April 18 to 21 in Surrey Provincial Court.
Hutchinson died on the night of Oct. 25, 2008 after the motorcycle he was driving collided with a Jeep being driven by Robinson, who was off duty at the time, at 6th Avenue and Gilchrist Drive.
Robinson is facing one count of attempting to obstruct justice for his actions after the collision.
The officer left the scene of the crash, which occurred at about 10:30 p.m., and walked home, a short distance away. He returned 10 minutes later and advised police he had two beers at a party and two shots of vodka at home before returning to the scene.
He was arrested and given two breathalyzer tests at 11:56 p.m. and 12:16 a.m. Robinson’s readings registered at .12 and .10. The legal limit is .08.
The coroner’s investigation into the crash found Hutchinson also had alcohol in his system at the time of the crash.
“Toxicological analysis of Mr. Hutchinson’s blood revealed a blood alcohol level in excess of the legal limit for operating a motor vehicle,” stated the report signed by coroner Mark Coleman.
The coroner’s report goes on to state an engineering investigation into the crash indicated Robinson was travelling between 24 and 29 km/h, while Hutchinson was travelling between 66 and 96 km/h.
“Speed and alcohol intoxication on the part of Mr. Hutchinson were contributing factors,” the report stated.
“Alcohol intoxication on the part of the driver of the Jeep is also believed to be a contributing factor.”
The preliminary inquiry will determine whether the Crown has enough evidence to proceed to trial. If the judge deems there is enough evidence for a possible conviction, Robinson has elected for a trial before a judge and jury in B.C. Supreme Court.
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