The trial of two of the “Three Matthews” charged with trafficking weapons that allegedly ended up in the hands of Dellen Millard will take place in Toronto on May 23rd.
Based on what i saw at the preliminary hearing, held back in 2015, it promises to be a very interesting trial. But due to the standard pre-trial publication ban, I can’t say anything about the evidence until the trial gets underway.
Both Matthew Ward-Jackson and Matthew Odlum are pleading not guilty. The third Matthew, Matthew Wawrykiewicz, will be tried separately at a later date and is also pleading not guilty. None of the charges against them have been proven in court.
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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.
Goodbye and good riddance to Christina Noudga.
When Dellen Millard’s unpopular ex-girlfriend left a Hamilton courtroom Tuesday, after accepting a plea deal and pleading guilty to obstruction of justice, there was, more than anything, an overwhelming sense of relief.
The deal meant there would be no more Noudga. No recounting of what Crown attorney Craig Fraser described as “the horrific and soul destroying details of Tim Bosma’s murder.” No three-week-long trial to determine if Noudga should be found guilty as an accessory after the fact to the murder of Tim Bosma.
Instead, Noudga, whose trial would have begun this week, pled guilty to the lesser charge of obstructing the course of justice by destroying evidence. The deal meant Tim Bosma’s family would finally be able to end their painful involvement with the criminal justice system. “They believe Ms. Noudga is being held to account for her actions,” Fraser told the court. “The public interest…truly is best served by sparing the Bosma family another trial while still holding Ms. Noudga accountable for the role she played in destroying evidence.”
Christina Noudga, dressed in dark blue and black, dabbed at her eyes before the hour-long proceedings, began and as they ended. Although it was impossible to tell if she was wiping away tears, her attitude was markedly changed from the Bosma murder trial where she shocked the court time and again with her lack of empathy and failure to display any remorse. Smart, pretty and ambitious, she managed to leave even hardened homicide cops and veteran criminal lawyers shaking their heads in disbelief. After the trial, Tim Bosma’s mother Mary would describe her as “evil.”
During her week on the witness stand, Noudga laughed in court as if oblivious to the fact she was testifying at a murder trial in front of the victim’s parents, sisters and widow. She said she remembered little or nothing of many of the key events about which she had been called to testify. She appeared to have no sense whatsoever of right or wrong. Respect was a foreign concept.
In one of the trial’s most memorable moments, a letter Millard had written to Noudga from jail was shown on the courtroom screens. “I believe we deserve each other,” Millard wrote. “I deserve you, and you deserve me.”
“That’s what he wrote to you?” asked Thomas Dungey, the lawyer for Millard’s co-accused, Mark Smich.
“Thank you,” said Dungey, “no further questions.” It was the last time Noudga had exited the Hamilton courthouse in the glare of the media.
This week, her lawyer Brian Greenspan said his client can change. She was just 18 when she met Millard and 21 at the time of the events in question. She has since graduated from university and plans to go to graduate school in health sciences. She has a job waiting for her once her legal issues are settled. And she’s doing grass roots work for indigenous peoples in Honduras. She’s joined Amnesty International.
The old days of Christina posting YouTube videos of herself cursing Ecuadorean immigrants and condescending to entire courtrooms are over. She’s rebranding as a human rights advocate and, though this was not mentioned in court, an artsy Instagram party girl.
Greenspan says Noudga accepts responsibility for those actions she engaged in — destroying evidence by wiping away fingerprints — but not for those conducted without her knowledge, by which he means the murder of Tim Bosma.
This question of what exactly Christina Noudga did or didn’t know about that murder would have been at the heart of her accessory after the fact trial had it taken place. To prove her guilty, the Crown would have had to have shown that she knew her boyfriend had murdered an innocent man when she went with Millard to hide the trailer containing Bosma’s truck and to move the incinerator used to cremate the victim’s remains.
Fraser said the prosecution was in a “strong position” but that its case was circumstantial and “inferences would have to go the Crown’s way.” He said there was no direct evidence of Noudga having knowledge of the murder.
What he most definitely did not express, however, is what Greenspan later told the Canadian Press — that it is “clear and accepted by everyone… that (Noudga) was totally unaware that a homicide had taken place.”
Whether or not Noudga knew or didn’t know is a topic on which there will likely continue to be disagreement along with the question of whether justice was done. But to the people in the courtroom, the plea deal was the right choice. And its rightness was only reinforced when Justice Toni Skarica announced that he would have found there to be “insufficient evidence that would prove, beyond a reasonable doubt, that the accused knew about the murder that had just occurred.”
It was a surprising declaration from the judge and a reminder of why plea deals so often make sense for both parties. For better or for worse, they take the unknowns and the uncertainties out of the mix.
In exchange for time already served in jail, a sample of her DNA, and a criminal record, Christina Noudga was free to go. And the Bosmas, the police and prosecutors were free to never spend another minute in her presence. That was worth a lot to everyone involved.
You can read the full story of Christina Noudga’s testimony at the Tim Bosma murder trial, and all about the jailhouse letters she received from Millard in the book, Dark Ambition: The Shocking Crime of Dellen Millard and Mark Smich.