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Mountie schooled in drunk driving defence: Crown

The Mountie charged in the 2008 crash that killed a Tsawwassen man had taken a breathalyzer course just three years before the fatal collision. Cpl. Benjamin "Monty" Robinson is facing a charge of obstruction of justice in the Oct.

The Mountie charged in the 2008 crash that killed a Tsawwassen man had taken a breathalyzer course just three years before the fatal collision.

Cpl. Benjamin "Monty" Robinson is facing a charge of obstruction of justice in the Oct. 25, 2008 crash that killed 21-year-old Orion Hutchinson, who died after the motorcycle he was driving collided with Robinson's Jeep at the corner of 6th Avenue and Gilchrist Drive.

In his opening statements Monday, Crown prosecutor Kris Pechet painted a picture of a man who knew exactly what he was doing in the moments following the crash.

Pechet told B.C. Supreme Court Justice Janice Dillion that Robinson, described as a veteran member of the force, that a 2005 breathaylzer training course he completed included the defences of impaired driving.

The Crown will also call a witness from a 2007 Christmas party where Robinson allegedly said the best way to beat an impaired driving charge is to leave your driver's licence at the scene, go homer to a nearby bar and down a few shots, saying you did so because you were shaken up from the crash, Pechet said.

Emotions ran high in court as the first Crown witnesses testified.

Judith Hutchinson, Orion's mother, wept in the gallery as the court heard from a Crown witness who was on the scene of the crash mere moments after it occurred.

Dale Hazel had been watching a Canucks game at a friend's house that night and was getting ready to leave when they heard a loud bang.

The two men went outside to see what had happened.

Hazel said Robinson approached him and his friend, told them to dial 911 and tried to give him his driver's licence as he left the scene of the crash with his two children, aged 12 and seven at the time. Hazel said he refused to take it but another person did.

"He was quite anxious to get away from the scene, in my opinion."

Hazel also described seeing two women attempting to find Hutchinson's pulse and perform CPR before emergency responders arrived.

The court also heard from the women who hosted the Halloween party Robinson had attended with his children before the crash.

She said she had seen Robinson with a drink in the hours he was at the party, but could not recall what he was drinking or how many.

On Tuesday, the court will hear testimony from Delta police Const. Sarah Swallow, the officer who dealt with Robinson after he returned to the scene of the crash.

The defence is applying to have her evidence ruled inadmissible. The officer will take the stand tomorrow during a void dire, a trial within a trial used to determine the admissibility of evidence.

Robinson's obstruction of justice charge stems from his actions following the crash. The officer left the scene of the collision, which occurred at about 10: 30 p.m., and walked home, a short distance away.

He returned 10 minutes later and advised police he had two beers at a party earlier and two shots of vodka at home.

He was arrested and given two breathalyzer tests at 11:56 p.m. and 12:16 a.m. Robinson's readings registered at .12 and .10. The legal limit is .08.

Delta police recommended Robinson be charged with impaired driving causing death, but Crown counsel decided not to proceed with the charge.

Before court started Monday, Judith Hutchinson made an emotional statement to reporters gathered outside the courthouse.

"It is incomprehensible to us and an outrage that is has taken almost three and a half years to come to this point," she said. "During which time this person has continued to receive full pay with benefits while we've suffered."

"Regardless of the outcome, nothing can make our loss less painful," she said. "We reverently hope that the outcome of the trial ensures that this individual is not permitted to continue in a position of public trust because given his track record we feel that would be an utter and complete travesty."