On a ter­ri­ble an­niver­sary, Bosma’s killers still face tri­als

Mil­lard, Smich have ap­pealed and face other mur­der charges

The Hamilton Spectator - - LOCAL - SU­SAN CLAIR­MONT

It feels like yes­ter­day that Tim Bosma was mur­dered.

Yet it seems like for­ever since his killers first ap­peared in court.

To­day marks the an­niver­sary of Tim’s death. It has been four years since his par­ents have been with­out their son, his wife with­out her hus­band, his daugh­ter with­out her Daddy.

Like many of you, I re­mem­ber that des­per­ate spring week well. The fran­tic search. The dim­ming hope. The hor­ror.

Tim set out on May 6, 2013, to take two strangers for a test drive of the truck he was sell­ing. The men, who we now know were Dellen Mil­lard and Mark Smich, shot him, in­cin­er­ated him and stole that damned truck.

On May 11, Mil­lard was ar­rested. On May 22, Smich was taken into cus­tody.

The Bosma fam­ily wants its pri­vacy now. On the day of the guilty ver­dicts last June, they stood in front of a wall of cam­eras and jour­nal­ists and cried and laughed and hugged the Crown at­tor­neys and each other. Now they want peace. Quiet. A chance to re­mem­ber and mourn with­out the rest of us watch­ing.

But even the Bos­mas won­der what has be­come of Mil­lard and Smich. The killers’ long and wind­ing trek through the jus­tice sys­tem is far from over.

They are both in fed­eral prison now, serv­ing their life sen­tences for Tim’s first­de­gree mur­der. Both have, how­ever, ap­pealed their guilty ver­dicts, which is their au­to­matic right and the usual course in these mat­ters.

Hav­ing said that, it could be months, if not years, be­fore their ap­peals are heard.

Mean­while, each is set to go on trial again.

Both are charged with the first-de­gree mur­der of Laura Bab­cock, a trou­bled young woman who had been sex­u­ally in­volved with Mil­lard. She dis­ap­peared in June 2012, and some of the last calls on her phone in­volved Mil­lard.

Her body has never been found and I have re­ported in the past that she, too, is be­lieved by in­ves­ti­ga­tors to have been in­cin­er­ated.

That trial, which will be presided over by Jus­tice Michael Code in Toronto, has been pushed back a few times now. The Crowns are Jill Cameron and Ken Lock­hart of Toronto, both of whom spent many days sit­ting in the court­room dur­ing the Hamil­ton trial.

I should re­mind you at this point that there are a slew of ex­tra­or­di­nary pub­li­ca­tion bans on the up­com­ing court mat­ters as well as many out­stand­ing bans from Tim’s trial. So there is still much you are not al­lowed to know.

I can tell you Mil­lard ini­tially said he would rep­re­sent him­self at trial for Laura’s mur­der.

Then he changed his mind and asked for a lawyer. But, de­spite be­ing the heir to his fam­ily’s avi­a­tion for­tune, he told the court he was broke. He asked for le­gal aid.

Mil­lard has said he’d like to re­tain Nadir Sachak, who, along with Ravin Pil­lay, de­fended him at Tim’s trial. When con­tacted, Sachak de­clined to comment.

As for Smich, he is once again rep­re­sented by Thomas Dungey and Jen­nifer Tre­hearne, the team that took him through Tim’s trial.

Dungey made a stun­ning an­nounce­ment in court a few months ago. He said he in­tends to make a for­mal ap­pli­ca­tion in Laura’s case to have the mur­der charge against Smich stayed.

He cites the new Supreme Court of Canada rul­ing that or­ders Su­pe­rior court tri­als should be heard within 30 months of an ar­rest. It has now been 48 months since Smich was ar­rested.

Though some of the de­lay may have been caused by Mil­lard’s at­tempts to re­tain coun­sel, the vast ma­jor­ity of the de­lay, of course, has been due to Smich’s ear­lier mur­der trial.

It will be in­ter­est­ing to see what the court does with this is­sue.

At this point, it seems Laura’s mur­der trial will be­gin in Oc­to­ber, at the ear­li­est. It is an­tic­i­pated it would fin­ish by Christ­mas.

And then there is still an­other trial for Mil­lard.

He is also charged with first-de­gree mur­der for the death of his fa­ther, Wayne Mil­lard, in Etobicoke in Novem­ber 2012. Wayne’s death was orig­i­nally ruled a sui­cide, the coroner de­cid­ing he had died of a self-in­flicted gun­shot wound to his head. The case was re­opened after Mil­lard was charged in Tim’s death.

Cameron and Lock­hart will pros­e­cute that one as well, and it is ten­ta­tively sched­uled for March, although Mil­lard has not yet re­tained a lawyer.

So it is very pos­si­ble that an­other an­niver­sary of Tim’s mur­der will pass be­fore his killers face all their charges.

Shar­lene Bosma: fam­ily has asked for pri­vacy

Tim Bosma: fourth an­niver­sary of his death

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