Man pleads guilty in child porn case
Gary Stephen Miller faces a minimum sentence of six months in jail for possessing 'disturbing' images
John McFadden
Northern News Services
Friday, May 15, 2015
SOMBA K'E/YELLOWKNIFE
A Yellowknife man has pleaded guilty to possession of child pornography and now faces a mandatory minimum six-month jail sentence.
Gary Stephen Miller, 62, entered the plea in front of Judge Louis Charbonneau in NWT Supreme Court on Monday. The maximum sentence for possession of child pornography is five years in prison. Miller, who is currently free on bail, appeared in court with his lawyer Peter Harte. He is to be sentenced on Aug. 19.
It is expected at that time, upon his conviction, that three other charges against him will be dropped, according to Crown prosecutor Kindra Lakusta.
Miller currently remains charged with making, accessing and distributing child pornography. He was arrested and charged by RCMP about a year ago following a nationwide investigation. Computers and other equipment were seized from his Yellowknife home as well as from his employer, Dominion Diamond Corporation, owner of Ekati diamond mine. According to court documents, Dominion Diamonds handed over Miller's laptop to police and his external hard drive from the Ekati site.
Lakusta described the seized property as a "sizable collection of disturbing images involving very young children."
She did not want to characterize the court's acceptance of Miller's guilty plea as plea bargain.
The Crown looks at the evidence and the time and resources involved in taking the matter to trial, Lakusta said. This case would have involved bringing in two forensic investigators from Ottawa to testify and other logistical challenges, she added.
"In accepting a guilty plea the Crown must take into account the time and resources needed for a trial as well as other factors, including whether there is a likelihood of the accused re-offending and whether he has taken steps to help himself," Lakusta said.
She said she believed he has undergone counselling since the time of his arrest. The charge against him for making child pornography is not in the traditional sense, Lakusta said, in that he did not use a camera.
"He is charged with manipulating images using Photoshop where an image of a child was placed into an image depicting adults involved in sexual situations," she said.
"We have had charges of making child pornography in the NWT before where a hidden camera was placed in a bathroom," Lakusta said. "This is not like that but it is in fact taken more seriously because of the ages of the children in the images and the disturbing nature of the files."
Lakusta said by entering the guilty plea, Miller has waived his right to constitutionally challenge the mandatory minimum sentence of six months.
Miller's bail conditions were also altered during his court appearance. He will be allowed to travel to Ontario this summer after he posts $10,000 bail.
He is expected back on Aug. 17 when the Crown prosecutor and Miller's lawyer will make pre-sentence submissions to the judge.
These are the first criminal charges Miller has ever faced. His status at Dominion Diamonds is unclear.
