The question of whether an incident at a whirlpool involving Penticton city councillor James Miller and a 14-year-old boy at the time amounted to a sexual offense was the focus of closing statements on Monday as the prosecution and defense concluded their arguments.
Miller is facing multiple charges of sexual offenses involving minors that allegedly occurred while he was a basketball coach in Sarnia, Ontario, in the mid-1990s.
He is currently involved in two trials for these alleged offenses — one ongoing trial concerning one minor and another trial set to begin later this month involving two other minors.
Defense attorney Donald Elliott disputed the credibility of an eyewitness who testified that in 1997, while working at a pool near Sarnia, she witnessed Miller touching the alleged victim’s thigh, which the victim then recoiled from.
Elliott argued that the witness’s account fell short of constituting sexual interference or assault, emphasizing that the victim testified he only placed his feet on Miller’s lap and Miller claimed he tapped the teen on the shoulder to signal it was time to leave.
Crown prosecutor Suzanne LaSha contended that the incident at the public pool amounted to sexual assault, citing the testimony of the eyewitness who reported that the boy pushed Miller’s hand away, indicating a lack of consent.
LaSha maintained the credibility of the eyewitness and highlighted that the witness reported the incident to her employer, who then contacted the police out of concern.
The Crown argued that the eyewitness’s testimony shed light on the exploitative nature of the relationship.
During the trial, it was revealed that the victim never disclosed the pool incident to the police. The Crown asserted that various actions were taken over the years to keep the victim silent, including providing financial assistance for legal advice in 2009 and contributing towards a car purchase in June 2024.
LaSha alleged that Miller actively targeted, groomed, and isolated the accuser, describing Miller’s testimony as self-serving and pointing out inconsistencies.
The victim also mentioned other instances of inappropriate touching at a sauna, Miller’s mother’s residence, and during sports trips to the United States.
Prior to the closing arguments, the court heard from two witnesses — a former player on Miller’s team and a parent.
Former player Tom Kulej testified that he never saw Miller alone with players and that adults were always present during travel. Parent Noel Dundee testified that Miller was always in the company of others and that fundraising efforts were made for basketball trips.
Miller’s attorney raised concerns about new information introduced by the Crown on Friday, alleging a lack of proper cross-examination. The judge assured the defense that this issue would be addressed in the final ruling.
The next court date is scheduled for June 5 to determine when the judge will deliver the verdict.
Miller’s second trial, involving two additional alleged victims, is set to commence on May 16.
Miller, who was elected to Penticton city council in a 2021 by-election, is currently on a leave of absence.
