“It was a traumatic incident,” Millington told the judge hearing his case on Monday. “It was a shocking incident”.
The two other officers with Millington the night Dziekanski died remained silent at their perjury trials.
Justice William Ehrcke ruled that although the Crown’s case is largely circumstantial, there is enough evidence that a jury “could” find Millington guilty and he ordered the trial to continue.
Millington appeared eager to speak.
Millington said he decided not to get legal advice before telling investigators what happened.
The Crown alleges Millington lied ten times at the Braidwod Inquiry in order to explain glaring inconsistencies between the video of the incident and his statements and notes.
“As I got to Mr. Dziekanski, I could see he was agitated,” the officer testified.
“What’s your recollection of how the stapler was positioned?” Hira asked.
Millington’s answer was significant, because it relates directly to two of the allegations against him. He initially claimed Dziekanski held the stapler “high.”
Millington also allegedly lied when he told the inquiry he didn’t realize Dziekanski had fallen to the ground after the first stun from the Taser.
“I know now that he fell after the first application of the Taser,” Millington testified.
"Maybe it's just me, but I just don't see the relevance of this testimony,” Fenton told the judge.
But Justice Ehrcke disagreed.
Dziekanski’s mother, who sat in the gallery, appeared uninterested in anything Millington said. At times, Zofia Cisowski dabbed her eyes with a tissue occasionally and stared at the floor.
On Monday Cisowski was nearly ejected after she approached Millington’s fiance and tried to give her a finger-sized novelty stapler.
"He's still lying,” she said of Millington. “That makes me so frustrated and almost sick.”