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The Mountie accused of impaired driving in a traffic accident that killed a 21-year-old motorcyclist is consumed by “deep sorrow” over the incident but has not received preferential treatment from police, who have yet to identify him to the public, his lawyer says.

In an unusual twist, the police officer is one of four Mounties who were involved in a confrontation with Polish immigrant Robert Dziekanski, who died a year ago after being tasered at Vancouver International Airport.

While declining to give the officer's name, police have confirmed his role in the Dziekanski case, noting that since the incident, which raised enduring questions about the police use of conducted energy weapons, the officer has been assigned to the Integrated Security Unit for the 2010 Winter Olympics.

“He is filled with deep sorrow for a family that has lost a loved one,” lawyer Reg Harris said Wednesday in an interview.

But Mr. Harris took issue with any suggestion that his client, a resident of the town of Tsawwassen, about 22 kilometres southwest of Vancouver, has received special treatment from police investigating the accident.

After failing a Breathalyzer test, the officer was released on a promise to appear for impaired driving causing death and exceeding .08, although the Crown has not laid such charges. He is to attend a Jan. 15 court hearing.

Mr. Harris said he is concerned over the perception that police in the Township of Delta, which includes Tsawwassen, “somehow did something inappropriate by releasing him on a promise to appear.”

“That process and procedure with impaired drivers in cases of this nature happens all the time. I can say, as counsel, I have been involved in numerous impaired-driving cases, and some impaired driving causing deaths, and never had a client ever held in custody overnight for court in the morning.”

He added: “Typically in these types of cases, the individual is not charged for several weeks after the main event.”

Mr. Harris declined any additional comment on the facts of the case, pending the completion of a report by Delta police.

Media reports have identified the officer as Benjamin Monty Robinson, who lives a few blocks from the quiet residential intersection where Orion Hutchinson was killed on Saturday night when his motorcycle collided with a Jeep.

Mr. Hutchinson died on the scene. Police have confirmed the off-duty RCMP officer driving the Jeep was asked to take a breath test, and taken to police headquarters, where he failed the test.

Vancouver lawyer Joe Murphy said he doubted an average citizen would have received the same treatment.

“I think [a private citizen] would have been held in custody; they would have had a bail hearing in front of a judge. They would have been named and charged,” he said.

“When a policeman is involved in an incident like this, there is a tendency to give him preferential treatment,” said Mr. Murphy, who has acted for clients injured in impaired-driving cases.

Delta police have defended their conduct, noting the officer is not yet facing charges.

RCMP have been quick to call the entire incident a tragedy, but indicated Wednesday they are continuing to offer the officer the support due an employee of Canada's national police force.

Sergeant Tim Shields, a spokesman for the force, described the situation as “just the continuation of a tragic year” for the officer, who may face criminal charges for his role in the Dziekanski case.

Mr. Dziekanski, who was acting erratically at Vancouver airport, died soon after being subjected to the blasts and tackled by officers.

The Crown has received reports from police investigating the case, but is awaiting a final report by an unnamed outside medical expert before making a final decision. “The person writing [the report] knows we need it. It's forthcoming,” said Crown spokesman Stan Lowe, promising a “fairly quick” decision once the document is received.

The Mountie will face a code-of-conduct hearing over the traffic accident because, said Sgt. Shields, there is an allegation of criminal wrongdoing that must be investigated.

“We're aware he has experienced two highly traumatic incidents within a year,” he said, but noted, “he is still an employee of the RCMP, and we offer the services of a psychologist.”

Sgt. Shields said he did not know if the officer had accepted the help.

The sergeant was asked how the force was balancing its commitment to help the officer with the sympathy it has professed for the family of Mr. Hutchinson.

“He's still an employee of the RCMP and, as such, we are concerned for his well-being. However, he will be facing the legal system on his own.”

But he said the officer is also being monitored by a staff-relations officer for the RCMP.

That officer is RCMP Sergeant Mike Ingles, who works as a representative for the South-Fraser Area.

“[The officer] is very, very distraught over this,” he said in an interview, calling it “a continuation of a tragic year.”

“He is not doing well right now. He's got people around him providing support just to help people get through this time.”

He also said the four officers are eager for a decision on charges in the Dziekanski issue.

“As much as the public is frustrated with delays, it's also a frustration for members involved. They would like to have this cleaned up so they can get this behind them and do what they need to do,” he said.

“It's hanging over their heads.”