A Penticton city councillor is recusing himself from his duties in the wake of decades-old criminal charges being brought back into the public eye.
Coun. James Miller, who is also the editor of the Penticton Herald, stepped back from his public responsibilities as of Wednesday, awaiting a city staff investigation into issues that were recently raised on a Penticton social media page.
Miller, according to the online forum and corroborated through court records, was once charged with several counts of sexual assault relating to incidents involving minors alleged to have occurred in Sarnia, Ont., in 1986 and 2005.
The police in Sarnia confirmed on Wednesday they were aware of investigations into Miller but said there are no outstanding charges against him.
Court documents indicate that Miller was acquitted of all charges.
However, when accusations resurfaced online in recent weeks, Miller went to the city to apprise them of the situation.
“We as council instructed staff to investigate and make suitable inquiries,” Penticton Mayor Julius Bloomfield said.
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“He will stay on council and it’s up to the council member to (decide) what he wants to do.”
Until a conclusion has been reached in the investigation, however, Coun. Miller will not attend public events.
Bloomfield said that he and council had no knowledge of the charges, prior to the issue being raised by Miller himself.
When contacted for comment, Miller referred Global Okanagan to his lawyer, Michael Welsh.
“This is something where almost two decades ago he faced some (allegations) of assault and sexual assaults and it went to court and he was acquitted,” Welsh said.
“As we all know, allegations are not the same as proof and when it came to the court process, the judge found that there was no proof of the offenses.”
Welsh said “it’s unfortunate” that this has surfaced these many years later.
“As his lawyer (in Ontario) actually said at the time…with these types of charges, people are stigmatized once they’re charged regardless of the outcome. But I believe, and James believes, that our legal system is built on the innocence of all people who are charged with an alleged offense until proven guilty,” he said.
“That, having been acquitted by a court that heard all the evidence, he should be judged in the court of public opinion on the same basis… He’s served this community for a number of years. He’s entitled to do so without rumors and innuendos being made against him on the basis of charges that have been dismissed by a court.”
Welsh said “it’s not really news anymore” and Miller has no criminal record.
Welsh said he believes they made their way online, due to someone having a vendetta against Miller.
There was no response to the people who posted about the old allegations.
Welsh said Miller is entitled to serve on council and he’s entitled to attend any community events and fulfill his duties, but he’s stepping back.
“But that is entirely his decision,” he said. “He’s an elected representative of this community and he’s entitled to serve in that capacity and will continue to serve in that capacity.”
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