Crown says Penticton councillor’s sexual assault defence ‘makes no sense’

CONTENT ADVISORY

A Penticton city councillor and newspaper editor is awaiting a verdict as the Crown closed its case in an Ontario courtroom Monday.

Accused of sexually assaulting a boy more than 25 years ago, James Miller testified the alleged victim was a friend and not a boy he groomed and abused. His testimony, according to the Crown, was incoherent.

“Mr. Miller’s evidence is not credible, it doesn’t make sense,” Crown prosecutor Suzanne La Sha said. “It is self-serving, it does not line up with common sense, it does not line up with normal life experience. His explanations fall flat.”

Miller, 60, is facing multiple sexual offence charges for historic abuses against alleged victims whom he coached in youth basketball programs. He’s currently a Penticton city councillor and has worked for Okanagan newspapers since moving to the region in 2008.

The charges date back to the 1990s in Sarnia, Ont., where Miller was a local sports reporter and a volunteer youth basketball coach. According to his own testimony last week, he coached around 900 children over the years in Sarnia.

In the first of two trials, the alleged victim testified that Miller had sexually abused him multiple times in his teenage years. In her closing statements on May 4, LaSha said it escalated over time.

She said the victim was abused at a public pool, at Miller’s apartment and Miller’s mother’s house. Miller would touch his genitals and tell the victim to touch his, La Sha said.

Miller continually denied the claims and said he only saw the victim as a friend.

For example, he said he was in the Big Brother program at the time and his trip to a public pool with the victim was innocent, as was a trip they took to an NBA game across the US border and another trip to a Meatloaf concert.

His lawyer said Miller and the victim had a close relationship, but that the Crown hasn’t been able to prove any abuse took place.

Pointing to testimony from the victim’s mother, for example, he said there were “impressions” that Miller abused the boy, but the Crown’s case lacked proof.

“(The victim’s) mom said she had a ‘pit.’ I think she meant she had a pit in her stomach because she thought right from the get-go Mr. Miller was a pedophile. It’s sort of like opening in the dictionary, looking at pedophile and having a picture of Mr. Miller opposite,” defence lawyer Donald Elliott said.

“People can be accused, but they can’t be convicted of what they look like or the impressions of someone looking at them.”

The final arguments have been delivered as the week-long trial came to a close, May 4.

The judge hasn’t delivered his verdict and it’s not yet clear when he will. Lawyers will meet again next month to set a date.

NOTE TO READERS: To connect with a victim service program or violence against women program call VictimLink BC at 1-800-563-0808. VictimLink BC provides information and referrals to all victims, as well as immediate crisis response to victims of sexual and family violence