February 28, 2013 - 5:38 PM
STRIKE SIX FOR PROLIFIC LITIGANT
By Jessica Wallace
A Kamloops man who has tried several times to use the courts to charge local police was back in court today trying, but ultimately failing, to impose charges upon the Crown.
Justice Edmond De Walle, a Salmon Arm judge, heard testimony from Adrian Miller in B.C. Supreme court during an application to charge two Crown prosecutors with breach of trust and obstruction of justice.
"Right now, I'd like to hold the Crown responsible for not allowing me my day in court," Miller said. "They've managed to stonewall any effort I've put forward to hold persons accountable under the law."
He alleged a Crown prosecutor and his superior didn't give him a fair chance in court last year and hoped charges would give him another shot.
Miller said Crown prosecutor Iain Currie and Regional Crown counsel Lorne Fisher prevented him from holding accountable an RCMP officer who allegedly threatened him last year. He said he filed charges against the officer in September 2012, but the Crown decided not to proceed.
"They prematurely stayed and withdrew the information," Miller said.
He said the decision by the Crown prevented him from presenting his case before a judge and that in doing so, the lawyers broke procedure.
Justice De Walle, however, disagreed with Miller.
"I have concluded that there are no grounds whatsoever to have these charges proceed further," De Walle said. "I'm refusing to issue process."
De Walle said he denied Miller because of insufficient evidence by Miller to support the legal claim.
Miller received a formal apology from former RCMP Supt. Yves Lacasse after RCMP Const. Todd Henderson allegedly threatened him, but it did not satisfy Miller.
"There needs to be responsibility and accountability," he said.
The judge's decision isn't the first to disappoint Miller, who is no stranger to the courts.
According to multiple media sources, Miller was issued a 125-day sentence of house arrest after pleading guilty to multiple charges, including stealing and pawning goods from his landlords. Last June, he pled guilty and received one month of house arrest and two years probation for fraud after getting a refund on items he didn't buy from a Kamloops merchant.
Miller has since filed private information against the RCMP officer five times, alleging improper, threatening actions from the officer.
While he is no longer a student at TRU, Miller also filed a lawsuit against the university for negligence in 2011 and was caught sleeping in school computer labs.
He is currently finishing his bachelor's degree in psychology online through Athabasca University and plans on applying to law school in England, where he was born.
Following De Walle's ruling, Miller said he has two options: to appeal the decision or to lay the charges again with new information.
Asked whether he will go forward with either option, he said, "more than likely."
"The justice system is very important, and I'd like (Henderson) to be held accountable for his actions."
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News from © InfoTel News Ltd, 2013