Millard, Smitch will go straight to trial

Following up on the story CHCH News first broke last night on the 11 news, the province’s Attorney-General’s office has signed off on a ‘direct indictment’ in the Tim Bosma murder case. That means there will be no preliminary hearing. Tonight the Attorney-General is commenting on the decision in the case against Bosma’s accused killers.

Millard and Smich are still in custody. But they’ll make a video appearance here in court on Friday where the Crown prosecutors will tell them and the court publicly about this decision. Instead of holding a preliminary hearing to see the evidence and hear from the witnesses, the Crown has decided to go straight to a trial with the approval of the Attorney General. It’s an unusual step, but it happens occasionally in big cases.

The government appears to see the murder of Tim Bosma as one of those cases. The Ancaster man was found dead after going for a ride with two men who said they were interested in buying his pickup truck.

The search for Tim Bosma gripped the region last year, until his remains were found by police on the farm of one of the accused, Dellen Millard.

Ontario Attorney General, Madeleine Meilleur: “The provision is there if there is a solid case and justice will be better served by going directly to trial.”

Attorney General Madeleine Meilleur approved the decision to skip a preliminary hearing, suggesting the evidence will support the decision.

AG Meilleur: “When this procedure is supported, it’s because there is good evidence that the person that is accused will be convicted.”

Millard’s lawyer here in Toronto tells us this crown decision could make his job of defending Millard a lot tougher.

They won’t have the chance to question prosecution witnesses before the trial.

But the direct indictment has been used before. In the Paul Bernardo trial and more recently when Michael Rafferty was convicted in the murder of eight-year old Tori Stafford.

The government wants the public to see justice being done, not delayed.

Dean Paquette is Millard’s Defence Lawyer: “Most preferred indictments are seen in cases that have high profiles. Bernardo was such a case. But the public interest is a factor.”

Hamilton Defence Lawyer Dean Paquette says although Millard and Smich’s defence lawyers won’t be able to cross examine witnesses in advance at a preliminary hearing, this could be the kind of case that will be decided by evidence more than witness testimony.

Dean Paquette: “This isn’t the kind of case that ordering a preliminary hearing advantages the defence as much. It’s largely what the police find, where they find it, DNA, evidence that relates to the discovery of incriminating materials that will be used by the prosecution. It’s not witness testimony where the cross examination of those witnesses will be critical.”

Paquette says the defence can argue the direct indictment hurts their case in court. But he says the disadvantage is probably very slight and the Crown and Attorney General feel it’s outweighed by the public interest in seeing the trial take place. And that could be sometime next year.

Dellen Millard and Mark Smich are expected to make an appearance at the John Sopinka Courthouse in Hamilton Friday.