VANCOUVER - An RCMP officer who stunned Robert Dziekanski with a Taser at Vancouver's airport lost an attempt Monday to dismiss a perjury charge related to his testimony at a public inquiry.

Const. Kwesi Millington was among four officers who confronted Dziekanski during his fatal encounter with police in October 2007, and all four were later charged with perjury over their testimony given at a public inquiry two years later.

The Crown, which alleges the officers colluded to lie to investigators and then perjure themselves at the inquiry, wrapped up its case against Millington late last year.

Millington's lawyer then made an application to end the trial and throw out the charge, arguing the Crown had produced no evidence that could support a conviction.

But B.C. Supreme Court Judge William Ehrcke said the Crown had put forward some evidence that, if true, could support a guilty verdict, though he cautioned that his ruling had no bearing on whether Millington would eventually be convicted or acquitted.

"Without at this stage deciding whether (perjury) is an inference that I would draw, I am nevertheless satisfied that it is an inference that a properly instructed jury could draw," said Ehrcke.

The ruling came moments before Millington took the stand in his own defence.

Millington began his testimony by walking his lawyer through a timeline of when he recorded his police notes and made various statements to homicide investigators, but he had yet to directly address Dziekanski's death or the perjury allegations. That was expected to happen Monday afternoon.

His lawyer, Ravi Hira, told the court during a brief opening statement that his client never lied.

"The defence is that the evidence given by Const. Millington was not false and Const. Millington did not attempt to mislead either the inquiry or the investigation," said Hira.

"Further, he did not discuss the events of Oct. 14, 2007, with any of his fellow officers prior to giving his statement (to a homicide investigator). Finally, he did not communicate with his fellow offices about the events of Oct. 14, 2007, prior to testifying."

The Crown alleges the officers lied to investigators immediately after Dziekanski's death and then again at the public inquiry as they attempted to explain apparent contradictions between their earlier statements and an amateur video of the incident.

The Crown argues similar errors in the officers notes and statements is proof that they colluded.

The trial also heard from Janice Norgard, whose former spouse is one of the officer's cousins. She told the court that the four Mounties met at her place shortly before the public inquiry.

The defence, however, has attempted to cast doubt on the woman's testimony, suggesting that the officers were either not in Vancouver or were busy meeting separately with their lawyers on the days the alleged meeting could have occurred.

Const. Bill Bentley was acquitted of the same charge last year, though the Crown is appealing.

Former corporal Benjamin (Monty) Robinson stood trial late last year and is awaiting a verdict.

Const. Gerry Rundel is scheduled to start his trial on Wednesday.

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