Suzanne Fournier (Canwest News Service) – An eminent forensic pathologist told the Braidwood inquiry yesterday that Robert Dziekanski’s death — after five Taser jolts and restraint by the RCMP — was likely a “cardiac-related” death linked to the Tasering.
Dr. John Butt, a forensic pathologist with almost 40 years’ experience who was awarded the Order of Canada in 2000 for his work, disagreed with the report by pathologist Dr. Charles Lee that failed to mention use of the Taser but did conclude “chronic alcoholism” contributed to Mr. Dziekanski’s death.
Nor did Dr. Lee make any mention of marks on Mr. Dziekanski’s back — which were photographed by homicide detectives present at Dr. Lee’s autopsy of Mr. Dziekanski– that were consistent with the puncture marks of Taser probes.
Dr. Butt said that Dr. Lee’s failure to mention the Taser and traces of it on Mr. Dziekanski’s body were significant oversights.
Dr. Butt also disputed Dr. Lee’s conclusion that Mr. Dziekanski’s heart showed signs of alcohol-related damage and disagreed with Dr. Lee that “chronic alcoholism” could be said to be a “contributory factor” to Mr. Dziekanski’s death.
“I think this is probably a cardiac-related death ‘de novo,’ a new event unheralded by previous symptoms,” said Dr. Butt, noting that he reviewed Mr. Dziekanski’s health records back to 1994 and found “no indication” of heart problems or high blood pressure.
“Dr. Lee concluded, in part, that alcoholic heart disease ‘would have put [Mr. Dziekanski] at increased risk for development of an arrhythmia and sudden death,’ ” noted Dr. Butt. “After finding the microscopic slides of the heart to be essentially normal, I was unable to conclude that the features that I saw represented alcoholic cardiomyopathy.
“Nothing in those [health records] suggests that he was a drinker, either,” said Dr. Butt, although he said he did agree with Dr. Lee that Mr. Dziekanksi’s fatty liver and a partly deteriorated section of his brain were serious signs of alcoholism.
Dr. Butt’s report, released by the inquiry yesterday, questioned why Dr. Lee, who viewed a bystander video of Mr. Dziekanski crashing to the floor and screaming in pain after being Tasered, mentioned Mr. Dziekanski’s agitation but not the Taser. “Given the circumstances of the death of Dziekanski, in my experience it would be uncommon for the role of a weapon (e. g. Taser) to be left without a discussion as was so in Dr. Lee’s report.”
Dr. Butt also urged that “caution is advisable about use of the term ‘excited delirium,’” which has often been cited as a cause of death following Taser use. Dr. Butt said that “diagnosis” is “questioned by those practicing psychiatry … often is defined by persons who have neither training in nor experience with aberrant behaviour.”
Walter Kosteckyj, the lawyer for Mr. Dziekanski’s mother, Zofia Cisowski, replayed the bystander video shot by Paul Pritchard and Dr. Butt agreed that Mr. Dziekanski can clearly be seen clutching his heart and howling with pain after being Tasered.
Dr. Butt also agreed that Corporal Benjamin Monty Robinson can be seen on the video kneeling on Mr. Dziekanski’s upper back and neck with considerable force.
Concluded Dr. Butt: “I believe that increasing exertion and stress seen following the dischrage of the Taser likely contributed to the death of Robert Dziekanski.”
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