Jennifer Saltman, Vancouver, B.C. (Vancouver Province) – RCMP Cpl. Benjamin Monty Robinson has been charged with obstructing justice in connection with a fatal crash in Delta last fall.
The charge was entered in provincial court in Surrey Tuesday.
Orion Hutchinson, 21, died after his motorcycle collided with a Jeep in Tsawwassen in October 2008. It is alleged that Robinson, who was off duty at the time, was driving the Jeep.
Hutchinson died minutes after being thrown from the motorcycle. At the time, police said Robinson had failed a breathalyzer test.
Delta police in June recommended charges of impaired and dangerous driving causing death against an RCMP officer in a 2008 crash.
According to a news release from the Criminal Justice Branch of the Ministry of Attorney General, senior prosecutors have concluded that the available evidence does not establish to the criminal standard of proof beyond a reasonable doubt, that at the time of the collision Robinson had a blood alcohol level over the legal limit, that his ability to operate a motor vehicle was impaired by alcohol or that he was operating his vehicle in a dangerous manner within the meaning of the Criminal Code.
The charge of attempting to obstruct justice is based on alleged actions of Robinson on Oct. 25, 2008 after the collision.
“Because it is before the courts, I can’t say much beyond media statement,” Crown spokesman Neil MacKenzie said Tuesday afternoon.
Robinson, in a bid to get his driver’s licence returned, told a B.C. Supreme Court in March that he had two stiff drinks at home before returning to the scene of the accident, which caused him to fail a breathalyzer.
The court refused to return Robinson’s licence, rejecting his version of events.
Robinson has been suspended with pay from the RCMP since Oct. 28, 2008.
Robinson was also one of four officers involved in the October 2007 Tasering death of Polish immigrant Robert Dziekanski at Vancouver airport.
He is scheduled to appear in Surrey Provincial Court on the obstruction charge next on Dec. 8.8.
For anybody who understands the rules of evidence to be presented in a court of law, especially those who are mandated in enforcing those very laws, will understand the difficulties in obtaining a conviction for a suspected impaired driver who claims to have consumed alcohol after the fact. “Jabberwocky” got it right the first time.
On the pretext of sheltering his own children as an excuse for leaving the scene of a serious collision, Robinson’s first priority as a “first responder” should have been tending to the motorcyclist’s injuries, unless it was firmly established the young man was already dead.
Nevertheless, …the sooner this particular “loose cannon” is pushed overboard, the sooner the captain of this ship can right its’ course.
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Social Critic you are far more charitable with Monty than I would be. But I agree, I would not want to be in his shoes. He will avoid a jail sentence but will have a criminal record. His career in law enforcement is over. As Deepthroat pointed out, he will likely be dismissed from the RCMP and employment with any other police or law enforcement agency in Canada is, to put it mildly, likely to occur when hell freezes over. Private security agencies will not touch this guy with a 10-foot pole. So 11 years experience in law enforcement goes down the drain and this man has to start all over again. Its going to be hard.
But he has a life to start all over again. Unlike Dzienkanski and Hutchinson. So my sympathy with Monty only goes so far.
And the damage he has done to the reputation of the RCMP in this province is immense. Which is probably making him even more of a pariah in the force.
But life is too short to hate the guy.
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From just about any perspective one would elect to view this death it comes out as a tragedy.
Mr Hutchinson’s untimely death cut short a life full of who knows what promise? And each member of his family will live with the ache forever. Maybe some of them hate Monty Robinson and maybe some of them find the investment of such energy in hatred a waste. I don’t know. But I’m pretty sure the overwhelming emotion is sorrow and loss.
And what of Monty Robinson’s children? If they love their dad and understand the depth of trouble he could be in previous to the accident, and then lived through the whump of the collision and the terror of the aftermath that’s more than any young person ought to be given to bear. How can they not be deeply affected by this for a long time to come? Could they be less blameworthy? I doubt it.
And then there is Monty Robinson himself. I expect he had a legion of enthusiastic, dare I say fervent detractors, even before the accident. It seems likely the legion has swelled with new recruits after the collision. He would have to be in a coma not to know this. Closer to home, and this is something he might care about more than he would worry about the faceless detractors, what does he feel when he looks at his kids? How about the dwindling circle of friends in the RCMP?
Sure, he brought this on himself. And yes there is much in his behaviour and judgment with which to find fault. And if you relish indulging in hatred of him you are both free to do so and likely a member of a pretty large club. You may have to rent out a CFL stadium or an NHL arena in which to convene meetings of the “I hate Monty Robinson Club”.
But would anyone ever choose to trade places with Monty Robinson? Neither wild horses or all the tea in China could ever drag or bribe me into that exchange. His life professionally and personally looks to me like the aftermath of a smoking train wreck. I think he will lose his job. I think he could wind up destitute. I think he will find it very difficult to get another decent job. I think he may have few friends and family to stand by him. If he were in care, I think he is the kind of person who would be put on suicide watch.
Trade with him? Not a chance.
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OK one being a member sure take your kids home but whay drink once there, get right back to the scene.
Two why did the Crown not call in an expert witness to show if his blood level was this at the time taken the caculate what it would have been prior to the two drinks.
Once again the RCMP wants to save a member so the Crown plays along.
Must be wonderful to be untouchable.
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I would not count on his resignation as he has seemed to skate on his difficulties in the past. I would certainly expect the RCMP kangaroo court to examine the totality of his behavior, and regardless of any so called mitigating circumstances, ensure his termination. The pattern of his actions dictate he be released.
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On one hand, I’m disappointed in this decision as my personal feelings are that Robinson was driving while impaired or >.08 mg/ml and intentionally split the scene in order to consume more alcohol so as to taint any evidence the Delta Police Department could retrieve from his body. Indeed, I would love to see the RCC (or RTCC if you prefer) from Delta and what evidence they did have on Robinson.
I am also somewhat concerned with the Crown’s statement that, “available evidence does not establish to the criminal standard of proof beyond a reasonable doubt…” This press release is misleading in that it misstates the test for prosecution (reasonable likelihood of conviction and in the public interest); instead, the wording of this release puts the Crown in the outright position of the trier of fact.
On the other hand, I will acknowledge that the fact scenario as reported in the newspaper, and absent any the benefit of the RCC, does make it sound like it is unlikely that Robinson would be found guilty.
Regardless of all of the above, I have nothing but contempt for Robinson and hope he has the personal integrity to simply resign from the RCMP after the dust has settled from the various court actions. Unfortunately, the judgment and character that he has publicly displayed thus far leads me to believe that this gentleman has no idea what personal integrity is.
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Mountie escapes impaired driving charge in B.C. death
by Josh Wingrove
From Wednesday’s Globe and Mail Published on Tuesday, Dec. 01, 2009 6:29PM EST Last updated on Tuesday, Dec. 01, 2009 9:50PM EST
Overruling recommendations by a local police force, B.C.’s Ministry of the Attorney-General won’t lay impaired-driving charges after a fatal crash last year involving an RCMP officer who was also at the centre of the Robert Dziekanski case.
The ministry’s criminal justice branch announced Tuesday it will instead lay a single charge of attempting to obstruct justice against RCMP Corporal Benjamin Montgomery (Monty) Robinson.
The charge stems from an Oct. 25, 2008, crash in Tsawwassen, B.C., in which motorcyclist Orion Hutchinson was struck by a Jeep driven by Cpl. Robinson, who was off duty at the time, the ministry said.
After the crash, Cpl. Robinson gave his driver’s licence to a witness and left the scene to carry his two children, who were in the Jeep, to the family’s nearby home, defence lawyer Reg Harris said in an interview Tuesday. Cpl. Robinson has said he’d consumed two beers earlier that night and, once leaving the crash scene, drank two shots of vodka at his home.
“He had volunteered that he had consumed liquor, yes,” Mr. Harris said. Cpl. Robinson then returned to the scene of the crash, at which Mr. Hutchinson was pronounced dead.
The collision was investigated by Delta police, who in June recommended the Crown lay charges of impaired driving causing death and dangerous driving causing death against Cpl. Robinson.
But in a statement Tuesday, the government said “available evidence does not establish to the criminal standard of proof beyond a reasonable doubt, that at the time of the collision Cpl. Robinson had a blood alcohol level over the legal limit, that his ability to operate a motor vehicle was impaired by alcohol, or that he was operating his vehicle in a dangerous manner. …”
Unlike other provinces where police lay charges directly, British Columbia requires the Crown to approve charges suggested by investigators.
Neil MacKenzie, a spokesman for B.C.’s criminal justice branch, was tight-lipped about what the charge of obstructing justice stems from, saying only that it was due to the “alleged actions” of Cpl. Robinson in the hours after the collision.
“I know it’s connected to the motor vehicle accident,” Mr. Harris added. Cpl. Robinson will plead not guilty to obstructing justice, the lawyer said.
“My client’s position is at no time that evening did he commit a criminal offence.”
Mr. Hutchinson’s sister and mother issued a statement saying they are “relieved that a decision has finally been made to prosecute the individual who caused Orion’s death.”
“There is nothing that can take away our pain or repair our loss. However, we can only hope now to see some justice done,” the man’s mother, Judith Hutchinson, and sister Daria Hutchinson, wrote.
The crash came just over a year after Cpl. Robinson gave the order to fire a taser at Mr. Dziekanski, who died shortly after.
Cpl. Robinson has been suspended with pay since the collision, RCMP Sergeant Tim Shields said. The RCMP’s commanding officer in B.C. proposed suspending him without pay, but the force’s Ottawa-based chief human resources officer decided against it, Sgt. Shields said.
Cpl. Robinson will remain suspended, pending an internal RCMP code of conduct investigation that will take place once his court case is concluded, Sgt. Shields said. It will consider all evidence collected by Delta, including that which led to the police force’s initial recommendation for charges. That panel will consider a host of possible penalties, up to and including dismissal from the RCMP.