By now you may have heard the news that Mark Smich, the convicted killer of Tim Bosma (along with his ex-pal, Dellen Millard), wants the charges against him for the murder of Laura Babcock stayed due to undue trial delays.
You may be panicking. Could this really happen? Oh yes it can, you’re saying. Look at this case in Ottawa where an alleged murderer got off and this one, where charges of sexually assaulting a child were stayed because technical issues caused trial delays.
In the latter case, Ontario Court Justice David Paciocco said the accused’s right to a speedy trial had been violated. He cited the Supreme Court’s recent Jordan ruling, which set time limits on the period between charges being laid and the trial getting underway. Those limits are 18 months for most criminal cases and 30 months for the most serious cases, including murder.
Justice Julianne Parfett used the same reasoning when she stayed the Ottawa first degree murder charges mentioned above. In something of an understatement, she wrote in her ruling: “I am well aware that, in deciding to stay these charges, the family of the deceased in this matter will not see justice done as they would want.”
According to the news reports, neither of these judges seemed overly concerned about the possibility their rulings might bring the justice system into public disrepute. Ontario’s attorney general almost immediately asked for a review of Parfett’s ruling. (Ed: I’d like a review of how she became a superior court judge. Can you look into it? And what’s up with this Paciocco guy while you’re at it?)
The news of Smich’s upcoming motion was raised by his lawyer Thomas Dungey in Toronto court today for a routine proceeding.
In another case, whose updates were heard just before Smich’s, there were also concerns raised about possible trial delays. Regarding this other, non-Smich case, Justice John McMahon said, “We’re not going to have a murder case in Toronto stayed because we didn’t do it in the time. It’s not going to happen.”
Smich was charged with the murder of Laura Babcock in April 2014. His trial was supposed to have begun earlier this month but was delayed because his co-accused Dellen Millard said he couldn’t find nor pay a lawyer and he had been denied legal aid. That caused the Babcock trial to be bumped to September of this year. (The court also heard Millard still hasn’t gotten his finances sorted and is appealing the Legal Aid decision.)
Millard’s and Smich’s circumstances are somewhat unusual given that they themselves weren’t available at earlier dates for the Laura Babcock trial. They spent several months of 2015 and the first half of 2016 in court in Hamilton for the murder of Tim Bosma for which they were eventually convicted.
Millard is also charged with the murder of his father, Wayne, a trial which isn’t scheduled to take place until 2018.
Both Smich and Millard are pleading not guilty to all charges against them.
My book, Dark Ambition provides the full story to date.