Charges of voyeurism and child porn possession laid after a man was arrested at the splash pad outside Guelph City Hall never ended up in the court system – and the lawyer of the man arrested says they should have never been laid in the first place.

“We are absolutely befuddled as to how the police arrived at a decision to charge him with those particular criminal offences,” Kevin Kemp said Thursday in an interview.

“There was absolutely no child pornography in Derrick’s possession, or anywhere on his person or at his residence – nor was there any evidence of voyeurism.”

Kemp represents Derrick Miller, who was arrested outside City Hall last July and says he was injured badly enough during that arrest that he had to be taken to hospital.

In addition to voyeurism and possession of child pornography, he was charged with mischief – another charge that he and Kemp say was fabricated.

“Derrick was simply enjoying a summer afternoon on a bench,” Kemp said.

Kemp says his client was never formally charged. He takes issue with police not publicizing that development as they did the initial arrest.

Miller has since launched a $5-million lawsuit against Guelph Police, alleging assault and battery, defamation and false arrest among other grievances.

The police service was served with a statement of claim on Wednesday, and now has 21 days to file a statement of defence.

Police declined to comment for this story, citing the matter being before the courts.

With reporting by Leena Latafat