January 10, 2013 - 4:07 PM
VICTORIA - The B.C. Court of Appeal has ordered a new trial for a Vancouver Island police officer and municipality found civilly negligent in the shooting death of a 33-year-old man who was mentally ill.
Majencio Camaso hadn't been taking his medication when he grabbed a metal bar in July of 2004 and charged Saanich police Const. Kristopher Dukeshire in the parking lot of a local elementary school.
Dukeshire fired three shots, striking Camaso twice, and the father was later pronounced dead in hospital.
Camaso's widow and daughter sued Dukeshire and the District of Saanich, as well as several others, and in April 2011 the B.C. Supreme Court found the constable and municipality negligent, awarding damages of about $235,000.
But Dukeshire and the municipality appealed, and Appeal Court Justice Richard Low has now ruled the trial judge made mistakes assessing the evidence and has ordered a new trial instead of dismissing the lawsuit.
No date has been set for a new trial, which Low says will be limited to the claims of negligence.
News from © The Canadian Press, 2013