Arguments at the Ontario Court of Appeal continue Tuesday as Dellen Millard and Mark Smich attempt to have their murder convictions overturned.
Millard has been found guilty of first-degree murder three times, Smich has been found guilty twice.
On Monday, lawyers for Millard and Smich presented arguments related to the 2017 trial that saw them convicted in the 2012 murder of Laura Babcock.
On Tuesday, the Crown responded.
Some of the arguments related to the incinerator that Dellen Millard purchased.
The Crown believes it was used to burn Babcock’s body at Millard’s hanger at the Region of Waterloo airport a few weeks after she disappeared.
On Tuesday, the Crown laid out text messages and images they say make it clear that Smich was involved in the project to get the incinerator up and running.
Smich’s lawyer acknowledges there is evidence Smich was there when Babcock’s body was burned, but is arguing there is insufficient evidence to provide he was involved in the murder.
Millard and Smich are not only appealing their guilty verdicts, but also their sentences, which were imposed consecutively, meaning they are not eligible for parole for 75 years and 50 years, respectively.
But that could now change due to a recent Supreme Court ruling.
“The Supreme Court said that’s cruel and unusual punishment to not allow someone to apply for parole while they’re alive,” explained Ari Goldkind, a criminal defense lawyer who is not involved in the case. “There are reasons for that, [it] keeps the jails a little bit safer, gives somebody hope, but it really does send the message to the public – despite the words of the Supreme Court – that every life doesn’t actually matter.”
Arguments on the Babcock matter wrapped up early Tuesday afternoon.
On Wednesday, the court is scheduled to hear the appeals of the convictions of Millard and Smich in the death of Tim Bosma, the Ancaster man who disappeared in May 2013 after going on a test drive in a truck he was trying to sell.
Millard and Smich were both found guilty of first degree murder in Bosma’s death following a lengthy jury trial in the first half of 2016.
The court also denied a request from Millard to postpone the appeal into the matter involving his father, Wayne Millard.
Dellen Millard was found guilty of first degree murder in his father’s 2012 death, which was originally ruled a suicide, in September 2018. That trial was by judge alone.
Millard asked that appeal be delayed a few weeks or months so that he could retain counsel to help or fully represent him.
The request was denied, with Justice Eileen Gillese citing lengthy delays in the matters, frequent reminders to Millard to retain counsel, and multiple warnings that the appeals would be all heard together this week.
The appeal into Millard’s conviction in the death of his father will be heard on Friday.
Millard will represent himself in the Bosma and Wayne Millard appeals.
