After-accident drinks focus of closing arguments
Benjamin “Monty” Robinson’s state of mind when he took two shots of vodka following a fatal crash was debated Wednesday during closing arguments at his trial.
The submissions were made before a judge in B.C. Supreme Court in New Westminster.
Robinson, a 41-year-old RCMP corporal, is charged with obstructing justice in connection with the incident that killed 21-year-old Orion Hutchinson in Delta.
Around 10 p.m. on Oct. 25, 2008, Robinson and two of his children left a Halloween party about five minutes from their home. Robinson had consumed five beers over the course of four hours, but felt fine to drive.
At the intersection of Sixth Avenue and Gilchrist Drive, Robinson turned left and collided with Hutchinson, who was thrown from his motorcycle and died at the scene.
After the crash, Robinson gave his driver’s licence to a bystander and walked his kids home. There, he drank two shots of vodka.
He returned to the scene a few minutes later and told a police officer about the drinks he had at home.
Prosecutor Kris Pechet argued that the admission constitutes obstruction because of Robinson’s experience and background.
Robinson, a 12-year RCMP veteran at the time of the crash, had taken more than 40 courses, including training in blood-alcohol testing.
Pechet said Robinson knew the defences for drinking and driving and how his admission would “hamstring” the investigation by making it impossible for experts to determine his blood alcohol when the crash occurred.
“Here, he slipped police the poison pill,” Pechet said.
Defence lawyer David Crossin argued that Robinson was not thinking of the consequences when he drank the vodka. At worst, Crossin said, it was an error in judgment.
Crossin reminded the court that an addiction expert, Dr. Paul Sobey, testified that in October 2008 Robinson was alcohol-dependant.
Sobey said Robinson’s actions after the crash were typical of someone diagnosed with such a disease.
“It wasn’t what most of us would do, but it’s exactly what he would do and did,” Crossin said.
The admission to police was not obstruction, Crossin argued, but simply a confession.
“It’s a clinical disease impacting the brain. The myth of addiction is that it is about choice. It is not.”
Justice Janice Dillon will deliver her decision on March 23.
Robinson is also awaiting trial on a perjury charge in connection with an October 2007 Tasering incident in Richmond during which Polish immigrant Robert Dziekanski died. Three other officers also face charges.
Robinson is suspended with pay from his RCMP duties.