The case against a former Chatham-Kent police officer has stalled after the charges were stayed in court.
Kenneth Miller is facing charges of one count of sexual assault and one count of breach of trust in connection with an alleged incident in November 2014, while he was still an active police officer.
Miller appeared in person at the Ontario Court of Justice in Chatham Tuesday morning for a scheduled preliminary hearing to answer to the charges. However, Crown Attorney Jason Nicol told the court that the complainant had expressed that she was not in the emotional or psychological state to testify.
Nicol said it's his policy to never force sexual assault victims to testify. He has decided to stay the charges for now rather than withdraw them, saying that there's a "small possibility" that in the future, the complainant may be in the position to testify and also acknowledging that the case "rises and falls on her shoulders."
Miller resigned from the Chatham-Kent Police Service in March 2018 shortly before he was sentenced to 60 days in jail after pleading guilty to one count of breach of trust.
The stayed charges can be brought back before the court within one year of Tuesday's date.
-With files from Matt Weverink and Paul Pedro
