News release

No Further Action Recommended In Miller Case

Justice

Justice Minister Robbie Harrison is not recommending any further action be taken in the case of the 1990 death of New Waterford teenager Clayton Miller. He has advised the Miller family that the department considers the matter closed, and the findings of the autopsy conducted in 1993 conclusive.

In a letter to the Millers, Mr. Harrison expressed sympathy to the family once again. He added that the "death of a child is a devastating loss that can only be comprehended by those who experience it."

The review conducted by the Department of Justice concluded there is no new evidence to support the conclusion of Dr. Louis Roh suggesting a "choke hold" as the likely cause of death. The review noted the findings of Dr. John Butt, then an independent pathologist brought to the province to oversee the exhumation and conduct an autopsy of the remains in 1993. Dr. Michael Baden, an independent forensic pathologist was hired by the Millers to attend with Dr. Butt, and conduct any tests deemed appropriate.

Dr. Butt concluded the cause of death was hypothermia. In his report, he stated, "it is my opinion that Clayton Miller did not die of pulmonary emphysema or of drowning as initially certified, but that his death was due to exposure to the cold and to subsequent hypothermia which developed over a period of hours." Dr. Baden concurred with that opinion, as did the findings of the fatality inquiry conducted in 1990 by Judge Hughes Randall.

With respect to the "choke hold" referred to by Dr. Roh, neither Dr. Butt nor Dr. Baden concurred with this opinion. Dr. Butt stated that, "in the matter of asphyxia, there simply is no evidence for this. In so far as mechanical asphyxia is concerned there was clearly no significant neck injury, nor was there evidence at the time of autopsy or upon review microscopically of any degree of asphyxia in the lungs or brain."

The review concluded that Dr. Roh's report does not constitute new evidence, but rather it is an opinion based on existing evidence. However, the department noted that the information is being examined by the RCMP who are conducting an independent review of the material, and will respond to the Miller family directly.