A B.C. Mountie taken into custody following the death of a 21-year-old man in a car crash has lost his bid to have a 90-day driving prohibition overturned.
Cpl. Benjamin "Monty" Robinson argued in B.C. Supreme Court that a motor vehicles adjudicator didn't properly consider his statement that he left the scene of the collision, had two shots of vodka, and then returned to the scene.
The adjudicator said Robinson's story wasn't credible and ruled it was more likely the officer consumed the alcohol before the crash and subsequently failed a blood-alcohol test.
Justice Mark McEwan said the adjudicator's determination was within her jurisdiction and within the standard of reasonableness.
Orion Hutchinson died at the scene after a Jeep collided with his motorcycle in Delta, B.C. last October. A police investigation into the death is continuing and criminal charges have not been laid.
Robinson was one of four officers involved in the death of Polish immigrant Robert Dziekanski after he was Tasered at Vancouver's airport and will be the last Mountie to testify at an inquiry examining his death.
With files from The Canadian Press
