The Hamilton Spectator

Even low-lifes are entitled to counsel

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Dellen Millard, the man already convicted of killing Tim Bosma and Laura Babcock, who will shortly be tried in the death of his father, has been called many things. None of them are flattering. One of the more repeatable epithets is ‘disgusting’. You won’t get any argument from this quarter.

The mere mention of Millard’s name, as with Paul Bernardo, generates anger and hostility. Which is why so many people are spitting mad about the fact that someone, presumably one of Millard’s few friends, has started a crowd-funding Facebook page aimed at raising money for Millard’s defence in his upcoming — that would be his third — trial.

The idea this twice-convicted killer is appealing to people’s charity to help him get competent legal defence is, on many levels, repugnant. That’s why online petitions are demanding the crowd-funding page be shut down. It’s all quite understand­able, and to make matters worse it must be upsetting for the families of Millard’s victims.

It’s unlikely Facebook would find the content to be in violation of there rules. In fact, if you spend some time searching, you will find that crowdfundi­ng to pay legal costs isn’t uncommon. And if you really think about it, and get beyond the anger involved, shutting down this or other similar fundraisin­g campaigns wouldn’t be the best outcome. It might make us feel good, as if we can exact some degree of revenge on this nasty piece of work. Again, understand­able, but not really helpful.

An absolutely central tenet of our justice system is that the accused person deserves and is entitled to competent legal defence. In his last trial, Millard represente­d himself, which shows that while he may be evil and cunning in an animalisti­c way, he’s no towering intellect. He intends to use an actual lawyer next time around, and apparently is having trouble coming up with the necessary money.

We hope the crowdfundi­ng campaign is a bust. But that’s how this should go, as opposed to having it shut down. This isn’t about the disgusting person involved, it’s about the legal system. The system only works when there is competent legal representa­tion on the prosecutin­g and defence side, as well as on the bench.

In fact, if Millard says he wants a lawyer, he will get one, one way or the other. That’s what the law says. If he can’t afford one, the Crown will need to ensure he’s represente­d.

Much as it is tempting to conclude that people convicted and accused of such heinous crimes don’t deserve proper counsel, that’s a slippery slope we don’t want to be on.

Besides, there would be an upside to seeing the crowdfundi­ng effort succeed. If Millard’s fan club wants to pay his expenses, that means taxpayers don’t have to.

That has a certain appeal.

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