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Toronto

Demonstrators protest as preliminary hearing set for officer, brother charged in Dafonte Miller case

A judge has set a date for a preliminary hearing in the case of a Toronto police officer and his brother accused of severely beating Dafonte Miller last year.

Const. Michael Theriault and his brother, Christian Theriault, are charged with aggravated assault

The Anti-Racist Network of Durham Region and Black Lives Matter Toronto protested outside the courthouse Wednesday. (Martin Trainor/CBC)

A judge has set a datefor a preliminary hearing in the case ofa Toronto police officer and his brother accusedof severely beatingDafonte Miller last year.

During a pre-trial hearingat the Durham Region courthouseWednesday, it was decided the hearing will begin Feb. 20, 2018and will continue until May 29. The hearing will be under a publication ban.

Miller was chased down a streetand allegedly beatenrepeatedly with a steel pipe by Toronto policeConst. MichaelTheriault and his brother Christian Theriaultin Whitbyin the early morning hours of Dec. 28, 2016.Both men were chargedby Ontario's Special Investigations Unit (SIU) with aggravated assault, assault with a weaponand public mischief.

Miller, then 19,suffered a broken nose, jawand wrist and permanently lost sight in one eye as a result of the attack.

The case waswas initially investigated by Durham Regional Police.The Toronto Police Service was informed of the incident,Chief Mark Saunders confirmed back in July, butneither Toronto nor Durham police notified the SIU.

Miller's lawyer contacted the province's police watchdog about the incident on April 27.

The Anti-Racist Network of Durham Region and Black Lives Matter Toronto protested outside the courthouse Wednesday, calling for an independent investigation into both the Durham and Toronto police.

Back in July, Toronto police announced Waterloo policewould conduct an internalinvestigation into the circumstances surrounding the alleged assault ofMiller.RajeanHoilettwith theAnti-Racist Network of Durham Region said that's unacceptable.

"We do not believe police should be investigating police," Hoiletttold CBC Toronto.

The groups are also calling for the SIUto be overhauled, as well as an apology to Miller and his family from both Durham and Toronto police.

"We are dismayed that such an important hearing, such an important process, is being dragged along. Community members are gathered here today wanting to see how the courts are going to handle this case,"Hoilettsaid.

"We think it's important this is something that's prioritized, that we are being able to act and provide justice for Dafonte Miller and his family who have been waiting since Dec. 2016 to see something done."