Tuesday May 21, 2013


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    Miller seeks to charge privately

    A former TRU student politician who ran afoul of the law for breaches of court orders said he is attempting to bring a private prosecution against a Kamloops Mountie.

    Adrian Miller handed reporters at the Kamloops courthouse Monday a document entitled "information" that listed six Criminal Code counts he is attempting to prosecute himself against Const. Todd Henderson.

    Miller said he is undertaking a private prosecution against the Mountie, alleging he threatened him and made him fear for his safety.

    A hearing was held Monday in a courtroom completely closed to the public by Judge Stella Frame. A Crown representative said that was done in light of recent case law. Risks are that material presented in court could be libelous or could result in further investigation by police.

    The hearing was set over for a continuation. No date is set.

    In B.C., prosecutions are conducted by Crown lawyers, acting for the Ministry of Attorney General.

    B.C.'s Crown counsel policy manual states generally the ministry "does not permit a private prosecution to proceed.

    "Crown Counsel will usually take conduct of the prosecution or direct a stay of proceedings after making a charge assessment decision," said the policy dating from 2005.


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