Convicted killer Mark Smich wants other murder charge stayed

[projekktor id=’27026′]

A lawyer for convicted killer Mark Smich says an outstanding first-degree murder charge his client faces should be stayed due to delays.

Thomas Dungey told a Toronto court on Thursday that he will file an application to have Smich’s charge in the Laura Babcock murder case thrown out because it has been nearly three years since the charge was first laid.

The 29-year-old Oakville man and his former friend Dellen Millard were charged in April 2014 in the death of Millard’s former girlfriend, Laura Babcock.

Dungey says his client must be tried within a reasonable time, as per last year’s Supreme Court of Canada ruling that delays must not exceed 30 months in superior courts and 18 months for provincial cases.

The Babcock murder trial is scheduled to begin on September 11, roughly 41 months after the charges were laid.

Smich and Millard were both convicted of first-degree murder in the death of Tim Bosma, who was killed after taking the two men for a test drive of his pickup truck. Both are appealing their convictions.