Miller family disappointed by SiRT decision not to investigate death further: Lawyer

By Chris Halef

The lawyer for the family of Clayton Miller says they are disappointed with a decision by Nova Scotia's police watchdog to not pursue further investigation into police involvement in the teen's death. 

The Serious Incident Response Team announced its decision on Thursday, the second time it has come to the determination that Cape Breton police had no hand in Miller's 1990 death. 

“It's disappointing, but it's not overly surprising given the history of this case,” said Kate Boyle of Wagners, who is representing the family. “It kind of raises the question of whether this was a thorough, unbiased and independent assessment.”

SiRT's most recent investigation was launched after the family brought forward new information in the summer. A man, purporting to be part of a search and rescue team tasked with combing the forest where Miller was found, said his team had previously searched the brook where the teen was located by police. He said the body was not there. 

SiRT said there is no evidence to support the man's claims. 

“They call into question his credibility and perhaps his recollection, and they don't even speak to him,” said Boyle. “The failure to speak to him raises some concerns about how thorough this investigation was.”

For its part, SiRT said it determined interviewing the man was not in the public interest, because he is elderly and unwell. 

Boyle says she is hopeful an independent investigation will be conducted on all of the evidence and not just the evidence that supports the conclusion that has already been made.

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