The B.C. Court of Appeal heard submissions last week as the District of Saanich seeks to overturn a 2011 B.C. Supreme Court decision that found a Saanich police officer B次元官网网址済rossly negligentB次元官网网址� in the shooting death of Majencio Camaso.

In April 2011, Justice Grant Burnyeat ruled that Const. Kristopher DukeshireB次元官网网址檚 actions on July 11, 2004 negligently resulted in the death of Camaso.

B次元官网网址淒ukeshire breached the duty of care owed to Mr. Camaso when he did not use the least amount of force necessary to carry out his duties,B次元官网网址� Burnyeat wrote in his judgment.

He also said the Saanich police investigation into the death was negligent for a number of reasons, including the failure B次元官网网址渢o test the theory of whether Const. Dukeshire had reasonable grounds to believe it was necessary to shoot Mr. Camaso to protect himself.B次元官网网址�

Burnyeat also ordered Saanich pay $354,000 in losses and damages to the Camaso family.

Saanich, on its end, entirely disputes the Supreme Court ruling, and that the officer used appropriate force for the circumstances.

SaanichB次元官网网址檚 municipal solicitor Chris Nation said this week that the Court of Appeal has reserved its decision, and has given no indication to either party when a ruling will be made.

B次元官网网址淭hereB次元官网网址檚 a pretty substantial volume of material in front of them, so itB次元官网网址檚 likely not to be made that quickly,B次元官网网址� Nation said.

On July 11, 2004, CamasoB次元官网网址檚 wife Teresa called 9-1-1 because her husband, who had known mental health issues, had attempted to set their apartment on fire.

A foot chase involving Camaso, three attending Saanich police officers and an ambulance attendant ensued when Camaso, 33, evaded police.

In a field at the former Richmond elementary school, Dukeshire fired three shots at Camaso, who was running at him brandishing one or two metal objects (possibly a pipe and crowbar).

kslavin@saanichnews.com