Lesser charge raises questions: Expert

Source: The Province

BRITISH COLUMBIA - While Orion Hutchinson lay dying, Monty Robinson raced home and had two stiff drinks, but that's not enough to penalize him with a stronger charge.

Simon Fraser University criminologist David MacAlister raised questions Wednesday as to why Cpl. Benjamin "Monty" Robinson wasn't charged with failure to stop at the scene of a collision causing death. The offence carries a maximum penalty of life in prison -- the same as impaired driving causing death.

"It sounded like this charge seems to most closely fit the facts of the case," MacAlister said.

"He did stop and give his driver's licence, but the section also requires you to provide assistance and based on what I've heard, there isn't any indication he did that."

Delta police recommended charges of impaired driving causing death be laid against Robinson for the death of Hutchinson, 21.

However, the Mountie was charged Tuesday with the lesser charge of obstruction of justice for his alleged actions after the collision, citing lack of evidence. The obstruction charge, which carries no minimum sentence, has a maximum of 10 years.

Neil MacKenzie, Criminal Justice Branch spokesman, said there was not enough evidence to support impaired-driving charges nor failure to stop at the scene of a collision.

MacAlister pondered whether the obstruction of justice charge stems from Robinson's knowledge of the law.

"It's a very serious incident and it calls into question his integrity and how honest and forthright he is," MacAlister said.

On Oct. 25, 2008, Robinson's Jeep crashed into Hutchinson's motorcycle at a Tsawwassen intersection. Robinson, who was off-duty at the time, identified himself to witnesses, then left the scene with his two kids, apparently without checking on the dying Hutchinson.

In March, in a bid to have his driving ban overturned, Robinson told a B.C. Supreme Court that he had two shots of vodka at home before returning to the scene, where he then failed a breathalyzer test. The court rejected his version of events.