VANCOUVER - The maker of the Taser stun gun is categorically rejecting assertions the high-voltage weapon had anything to do with the 2007 death of Polish immigrant Robert Dziekanski.
In it's final submission to the public inquiry into Dziekanski's death exactly two years ago Wednesday, Taser International Inc. also slams the commission for perceived unfairness in letting "novel theories" and speculative evidence about his death go largely unchallenged.
Taser's lawyers told inquiry commissioner Thomas Braidwood on Tuesday that current medical and scientific research on sudden death during restraint excludes the weapon as the cause of death.
"The Taser device is the latest in a long line of police tools to be scrutinized in respect of sudden in-custody death," the U.S.-based company's submission says.
Dziekanski died early on Oct. 14, 2007, after being confronted by four RCMP officers responding to a call about an unruly passenger inside the international arrivals area of Vancouver International Airport.
Seconds after surrounding Dziekanski, who had been at the airport since the previous afternoon after missing a rendezvous with his mother, an officer shot him with a Taser as many as five times.
A memorial service for Dziekanski is planned for a Vancouver church on Wednesday.
"There is no medical or scientific evidence that the Taser device caused or contributed to Mr. Dziekanski's death," the submission says.
"It would be both speculative and misleading to extrapolate from the existing science on sudden death in custody any conclusion on causation or contribution in this case."
The 52-page document reviewed evidence that Dziekanski's physical condition, fear of flying, alcohol use, fatigue and dehydration may have contributed to his death, and that he may have been in a state of "agitated delirium."
"The cause of Mr. Dziekanski's death appears to be multi-factoral ..."
It pointed out pathologist Dr. Charles Lee concluded the cause was sudden death during restraint -- Dziekanski was handcuffed -- with chronic alcoholism as a contributing factor.
Despite that, "suspicion that the Taser device caused or contributed to Mr. Dziekanski's death has been a central theme before the commission notwithstanding Dr. Lee's autopsy findings ..."
The submission also challenged evidence theorizing the Taser caused Dziekanski's heart to malfunction.
It said the commission should give no weight to these theories because they're not backed by published research, offered by experts with no background in the field and were not subject to cross-examination.
"Taser's reputation may be adversely affected by any recommendations the commission may make," the submission says. "Any recommendations must be founded on expert evidence that was fully tested by cross-examination.
"To the extent this commission relies on or adopts the novel scientific theories raised for the first time by (the experts), the commission will err in law."
Taser's rejection of any link between the weapon and heart problems came just days after the RCMP and several other police forces said they would follow new recommendations by the company that officers not aim at the chest to reduce the risk of an "adverse cardiac event."
The RCMP said its officers now are being told to aim at the abdomen, legs or back of people they want to subdue.
The Ontario Provincial Police and the Vancouver, Winnipeg and Calgary forces have adopted similar measures.
Taser directive, issued at the end of September says reducing chest shots avoids the controversy about whether the devices "do or do not affect the human heart."
Taser said in its bulletin that the "risk of an adverse cardiac event" related to Taser use is "deemed to be extremely low."
However, the company added that a number of factors come into play, including drug use or underlying cardiac problems that cannot be diagnosed by police officers on the spot.
