Direct indictment in Tim Bosma case: What happens next?

I was in Hamilton court last Friday to see the accused, Dellen Millard and Mark Smich, make their first video appearances since the Attorney General approved a direct indictment for the Tim Bosma murder trial. Millard’s appearance was sort of interesting because he was on camera for quite a bit longer than usual although I didn’t get as good a look at him as I usually do in Toronto court due to the fact the video screen was at about a 75 degree angle to me.

Sometimes at these sessions, where prisoner after prisoner comes up for a quick case update, I’m surprised by how polite everyone is. “Yes Your Honour.” “No Your Worship.” “Thank you very much.” One time I was sitting with a TV producer who’s spent decades covering courts and crime. He turned to me and said wistfully: “If only they could be this polite before they’re in prison.”

But I digress. My point was that in Hamilton on Friday, a few of the prisoners were really, unusually rude so Millard looked polite in comparison. He went out of his way to call the Judge, “Your Worship,” which was a mistake as a judge is “Your Honour” and a justice of the peace is “Your Worship.” Still, the point is he was trying to come across as he knew you should. Smich, in contrast, was monosyllabic and dispensed with the honourifics altogether.

After Justice James Turnbull told Millard that the 515 order, preventing him from communicating with a list of potential witnesses, was still in effect, he added that he could speak to his counsel if he had further questions. “I will do that,” Millard replied with an air of authority. Then, when he was told his appearance was over, he said, “Good day.”

I’ve noticed Millard has a tendency to use anachronistic expressions — good day instead of goodbye, for example — which I suspect is his way of trying to sound erudite. Both he and his lawyer seem to be pushing the educated intellectual story line. From the very beginning, Deepak Paradkar has described his client as “a bit of a philosopher.”

Millard told the Toronto Star he was reading not John Grisham but the 19th century classic, On War by Carl von Clausewitz. In that same interview, he also said that he had dropped out of Toronto French School before getting his high school diploma because “there were only a couple of teachers I found interesting,” which is, in my opinion, another way of saying he was too smart for those losers.

For someone who’s spent a lot of the past year in solitary confinement, Millard sounded much more chipper Friday than the last few times I’ve seen him via video in Toronto courts, where he looked terrible. Both Millard and Smich have pleaded not guilty.

Outside the court room, before the session, the Bosma family gathered, laughing and smiling. It might sound incongruous if you weren’t there, but it wasn’t. They were simply happy that the direct indictment had been granted earlier that week and, as always, they were there to represent the family member taken from them and to make their presence felt.

Tim’s widow, Sharlene, joined them later in the court room, watching both the accused from the corner of her eye. No one in the family talked to the press.

 

A judicial pre-trial date was set for September 9 and a video remand date for September 19. The judge said he hoped by then, counsel would be able to set dates for pre-trial motions and, possibly, the trial itself.

The court sessions scheduled for August 7 for Millard and Smich have been cancelled although Millard’s girlfriend Christina Noudga, who has been charged as an accessory to murder after the fact, is still set to show up via video on that day. She remains in jail and has not yet applied for bail.

The direct indictment does away with the preliminary hearing so in theory it should speed things up, but in practice that’s not necessarily the case. Pre-trial motions could slow everything down to a crawl. We’ll have to wait until September to get a better idea of which way things are going to go.

Meanwhile in Toronto, proceedings continue in the Laura Babcock and Wayne Millard murder cases. Both Millard and Smich are charged with killing Laura Babcock while Millard is also charged with the murder of his father, Wayne. The accused have pleaded not guilty to all charges. They will appear again by video on August 11.

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