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A Penticton, B.C., city councillor accused of historic sexual offences involving youth has been found guilty by a Sarnia, Ont., superior court judge.
As a result of the verdict, James Miller has also been removed from his position as a city councillor, a city spokesperson said in a release. The seat will remain vacant until next month’s municipal elections.
Miller stood trial on six counts of sexual interference and one count of invitation to sexual touching. He pleaded not guilty and denied any of the incidents took place.
The trial, held in May, involved two complainants with incidents allegedly occurring in the mid-1990’s. Justice Russell Raikes dismissed two of the seven charges involving one of the complainants, but found the testimony of the second complainant compelling, consistent, credible and reliable.
“He gave his evidence in straightforward, consistent manner. He was vigorously cross-examined and the critical evidence of the sexual abuse was consistent,” said Raikes.
In delivering his ruling, Raikes found Miller used his position as a basketball coach to identify boys for companionship.
“He abused his relationship of trust for his own sexual gratification. I am satisfied beyond a reasonable doubt that the Crown has proven the essential elements on counts three to seven.” he said.
Once Raikes delivered his judgement, people in the courtroom began to clap but were quickly stopped.
The court heard that Miller was the complainant’s basketball coach in the 1990’s. The complainant testified that his mother spoke to Miller about spending more time with him because he didn’t have a father figure.
Miller and the complainant would spend one-on-one time together, go for sleepovers at Miller’s house and on overnight sports trips.
The complainant testified that kissing between the complainant and Miller became a regular occurrence when the two were alone, and Miller would often ask the boy to go nude in showers at public pools and at a sauna inside Miller’s apartment complex.
The complainant also told the court about a baseball game in Toronto where they stayed overnight. The complainant said he began to play trivial pursuit with Miller and he was required to kiss Miller when he got a question right.
The complainant said that he eventually began to act out as a child to avoid having to spend time with Miller.
Assistant Crown attorney Suzanne LaSha told the court that she will be seeking a lengthy sentence for Miller. The Crown expressed concerns about Miller being a flight risk and applied to revoke his bail but Raikes denied that application citing Miller’s compliance to bail conditions since being charged.
Miller is expected to be sentenced on Nov. 19.
A judge is scheduled to provide judgement on a second judge-alone trial, involving another complainant, on Oct 2.