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A Warsaw-based lawyer for Robert Dziekanski's mother says there are grounds for Polish prosecutors to lay charges against four Mounties involved in a fatal 2007 confrontation with the Polish immigrant.

Piotr Banasik said in an interview Tuesday that he will make the case for prosecutors to do so in the coming weeks after he returns home from Vancouver.

“In my opinion, charges are possible, in Poland, very possible,” he said.

He outlined non-intentional manslaughter and excessive power of a public functionary as two possibilities, suggesting the Polish government could seek the extradition of the officers.

However, he noted that the prosecutors will have the last word on the issue. A lawyer for one of the officers, responding to the suggestion, noted there is no extradition treaty between Poland and Canada.

Mr. Banasik, a corporate lawyer from the firm of Brudkowski & Wspolnicy, was at the Braidwood inquiry in Vancouver last week when a newly disclosed e-mail raising questions about the RCMP version of events surrounding Mr. Dziekanski's death forced a three-month break in proceedings.

Mr. Banasik said he is acting on a pro bono basis on behalf of Mr. Dziekanski's mother, Zofia Cisowski, who is headed for Poland soon to make the case for action to Polish prosecutors.

Mr. Dziekanski died on Oct. 14, 2007, after a confrontation with four Mounties, called to the international arrivals area of the Vancouver airport after Mr. Dziekanski began acting erratically. The 40-year-old labourer had made a long flight to Canada to begin a new life with his mother and he'd been lost in the complex for hours.

B.C. prosecutors have already ruled out charges against the four officers, saying they were acting within their rights when they tasered Mr. Dziekanski five times after he brandished a stapler, then restrained and handcuffed him. He died at the scene.

Poland has been rebuffed by Canadian officials in their bid for evidence to help with a prosecutorial investigation into the fate of Mr. Dziekanski.

However, Mr. Banasik said the Braidwood inquiry has generated a bounty of transcript and other evidence that should allow prosecutors to proceed with their inquiries – an option he will advance when he returns home to Warsaw.

A civil suit is another possibility, he said.

Ms. Cisowski said she would welcome a Polish prosecution, but also the possibility of a new look at the case by B.C. prosecutors. “I hope they will re-open the investigation with independent investigators,” she said, alluding to the fact that the case was previously subject to an investigation by police officers with the Integrated Homicide Investigation Team.

Lawyers for two of the Mounties sharply rejected the prospect of a Polish prosecution yesterday.

Ravi Hira, representing Constable Kwesi Millington, who applied the taser, said the provincial inquiry act bars the use of evidence from inquiries in criminal or civil matters, and noted that B.C.'s Criminal Justice Branch has already ruled out charges against the officers.

“I can't comment against Polish law. I don't know if there is a solid ground in respect of Polish law. Obviously when someone wants to take criminal proceedings against a client, we're concerned.

But is it reasonable in these circumstances? No,” he said.

David Butcher, the lawyer representing Constable Bill Bentley, also expressed skepticism.Don Rosenbloom, who is representing the government of Poland at the inquiry, said he could not comment on Mr. Banasik's plans because his clients have not provided him with any instructions on this particular matter.