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B.C. Lawyer Presses for Special Prosecutor in Dziekanski Case

By 250 News

Thursday, October 29, 2009 10:04 AM

Prince George, B.C. - A B.C. Lawyer and former Provincial Court judge is calling on the Polish Government to reopen its investigation into the death of Robert Dziekanski and for B.C. to appoint a special prosecutor to examine the possibility of  charges.
Speaking on the Meisner program on CFIS FM this morning, William Sundhu says the Polish Government dropped its investigation when the Canadian Government chose not to hand over the evidence collected by Canadian investigators.  While the Criminal Justice Branch probe concluded saying charges should not be laid, he says there is a lack of public confidence on that decision because it was police investigating police.“We think that a special independent prosecutor should be appointed by Victoria to oversee an investigation that is seen to be truly independent and then determine if charges should be recommended or not.”
Although there is a civil lawsuit launched by Dziekanski’s mother, at this point, there is no criminal case on this matter, “There are many a lawyer in this country who could launch a criminal case based on the Pritchard video alone”. The Pritchard video captured the events and actions which preceded Dziekanski’s death two years ago at the Vancouver Airport.
Sundhu says the longer this case is delayed before getting before a criminal court, the better the chance is of the case being lost because it didn’t go to court within a reasonable time.
Sundhu says if he were Crown Counsel, he would consider three charges:
1.      Criminal negligence causing death
2.      Obstruction of justice and possibly
3.      Perjury
He says if a special prosecutor was appointed, it would be easier for the public to accept the final recommendation of whether or not charges should be laid.
Another question he raises is that since the testimony presented by the four officers at the Braidwood inquiry has come under scrutiny for its truthfulness,    what does that do to other cases in which any of these officers testified?
Sundhu says since Poland has excellent relations with many other countries, it is not unreasonable to think that if the Polish government were to lay charges against the four, “I would be very careful about where I planned my vacations.”

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**Quis custodiet ipsos custodes**

(Who will police the police)

Latin Proverb.
Sandhu says: “There are many a lawyer in this country who could launch a criminal case based on the Pritchard video alone”.

I don't see or hear them lining up to do this....yet.
Excellent statement Mr. Sundhu. I always wondered if Polish police interrogators if they would ask RCMP to let them use their good offices to conduct interrogation of RCMP suspects and few clowns from the Airport Security, under the pain of three years in jail for refusal to attend, answer the questions or commit perjury, would be afforded the same courtesy?
This kind of courtesy was extended by Poland, allowing RCMP berpolizemeister Wayne Rideaut to come to City of Gliwice, interrogate friends and neighbours of their victim under the pain of three years in jail, persuade a Judge of the District Court to order release of all medical files of Robert Dziekanski by Court Order and flaunt that (I believe) illegally obtained evidence during the Braidwood Inquiry. Spreading false rumours that their victim allegedly suffering from alcohol addiction, heart problems and imaginary delirium. Physical and mental health of RCMP Members was not even considered, however it is a public knowledge that their commanding officer cpl. Robinson demonstrated a year ago, in a criminal way that he has alcohol problem; drunk driving and killing motorist but worst of all running away from the scene of accident. He lied to the judge and is still free.
If I did it, I would have been tasered, tortured, thrown in jail and would not even make a bail before the trial.

Commissioner Braidwood was sternly warned by Counsel of Federal Government that he has no right, or even jurisdiction to accuse RCMP or any other organization of Institutional Misconduct. That junket to Poland was certainly glaring example of it. I feel that there is another Government Agency, which is also responsible for the death of Robert Dziekanski. It is an Office of the Privacy Commissioner of Canada, which permitted existence of a stupid law allowing CBSA, Immigration Canada, Customs and YVR, to withhold from Mrs. Zofia Cisowski a vital information that her son has arrived. Airport officials told her that her son did not arrive, when at least 10 people at the Airport knew that this is false. Whose privacy that law is protecting? I spoke to one of the Directors of Office of the Privacy Commissioner and made her aware of my concerns, hoping to explore that matter and prevent further tragedies. Some progress have been made at YVR, but it is still not as good as at the Kennedy Airport in New York, when 17 years ago, I was stranded for several hours outside of Customs, waiting for my car, which was eventually delivered but late. Every half an hour, somebody from the Airport Security, seeing my family of 5 camping on 14 pieces of luggage, was approaching us and asking whether we are all right and whether we need any help.

It appears that privacy is protecting gangsters peddling drugs and trafficking illegal aliens coming to Canada. Government of Canada knows that there are more than half a million visitors coming South East Asia, but has no idea how many of them go back?
I was informed by Immigration Official. who wanted to remain anonymous, that there are millions of illegals in Canada. They can obtain Canadian Drivers License, buy real estate, open bank account, even go to school, but they can not legally work! (and pay taxes). They may not qualify for Canadian pensions, but if they are big time gangsters escaping RICO law in US, they do not care about any pension, staying in the best hotels and riding leased limousines. Young girls and boys, illegally brought to Canada for prostitution or selling drugs, are not going to live long enough to receive any pension.

As far as I know Polish Law, charges may be laid there on the basis of circumstantial evidence (Mr. Pritchard's video and published on the Internet Proceedings of Braidwood Inquiry are much more than circumstantial evidence). Persons subpoenaed for questioning must appear and if they do not, they will appear anyway but on the Interpol most wanted list. Trial may take place and sentence pronounced in absentia to declare convicted criminals to be fugitives from law. Any country of European Union may do it as Robert Dziekanski was a Citizen of EU. There must be some advantages of Poland joining European Union of Soviet Republics.