Canada
No jail for Mountie convicted of obstruction of justice after fatal crash

Disgraced BC Mountie Benjamin Robinson

Credits: FILE PHOTO

QMI AGENCY

A disgraced BC Mountie who was found guilty of obstruction of justice for his actions after killing a man in a suspected drunk-driving crash won't spend any time in jail.

Benjamin "Monty" Robinson, 42, was convicted in March of obstructing a police investigation into whether he was impaired when his Jeep struck and killed motorcyclist Orion Hutchinson, 21, in October 2008.

He was also discharged from the RCMP earlier this month, just before his sentencing hearing began.

"Mr. Robinson's career with the RCMP has ended," deputy commissioner Craig Callens said at the time. "As a private citizen, he is no longer subject to any disciplinary actions under the RCMP Act. However, he is still subject to ongoing criminal matters."

Crown attorney Kris Pechet had asked for a sentence of three to nine months in prison, while defence lawyer David Crossin sought a three-to-six-month conditional sentence. The maximum penalty for obstruction of justice is 10 years in prison.

Pechet said the former cop used his specialized police training and expertise to subvert justice for his own benefit, and failed in his duties by fleeing the scene of the accident rather than helping the victim. Robinson went home after the crash and drank two shots of vodka to taint the results of the breathalyzer test.

Meanwhile, Crossin argued a conditional sentence for his client would be in line with previous obstruction cases involving police officers. He described Robinson as a "caring police officer and a caring father" to his three children, who had a good career and reputation up until his involvement in the death of Robert Dziekanski, who was stunned with Tasers at the Vancouver International Airport in October 2007.

Robinson suffers from post-traumatic stress disorder and his drinking problem worsened leading up to and during his trial, Crossin said. He entered an alcohol and drug rehab program after his conviction at the end of March.

Robinson was handed a one-year conditional sentence Friday that includes one month of house arrest, Vancouver radio station CKNW reports. Judge Janice Dillon also ordered him to write a letter of apology to Hutchinson's family.

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