Patrick Brown is being denied his constitutional right to a fair trial because allegations being levelled against him have not been reported to police, according to a veteran criminal defence lawyer in Barrie.
Kimberly Miles shared her thoughts about the events that forced the Progressive Conservative leader to resign from his post and issue an emotional denial and defence of his character.
She has never met or spoken to the MPP for Simcoe North.
"It's extremely frustrating as a defence lawyer that these people who are being accused of these things are being tried in the court of public opinion and that a lot of what's being brought forward by way of allegations isn't necessarily criminal conduct," said Miles in an interview at her office.
"What they're alleging sounds morally wrong but it's not legally wrong."
She also finds it troubling that allegations get 'instant credibility' without being tested in the judicial process.
"Regardless of whether you agree with his politics or his party's politics, from a defence lawyer perspective he's not being given what is his constitutional right to a fair trial because it's not been reported to the police. Normally, if he were being charged with an offence he would have the right to remain silent but he doesn't get that."
Miles is concerned that by going to the media and having the story garner so much attention, it detracts from victims who go through what she called the 'gruelling' judicial process.
She urged the women to go to the police.
"The police then will decide whether or not charges should be laid," Miles said and by not reporting to authorities, she added "It makes it really difficult to assess the legitimacy."
Miles explains that sexual assault is the intentional application of force without the consent of the other person for a sexual purpose.
She says that doesn't appear to be the case from what she has read about the allegations against Brown.
And it's not enough for the media to say at the end of an article that the allegations have not been proven in court, she added.
"It's really not that fair to him because it's not in a trial court. He's not facing due process and it's not in the criminal jurisdiction. It's a complete lack of innocent until proven guilty. If you're reading this long article and at the end it says 'not been proven in court' by the time you get there you've already formed your opinion."
And as for Brown, Miles believes it's highly likely his lawyer has told him not to say anything.
"How can he respond? He can't. You can't even say 'let's deal with this in court' because it's not in court. What's he supposed to do?"
