Court Appearances and Canadian Legal Terms

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Interesting they were back in court today. IIRC last we heard about another appearance from them was to be September 19th. Sounds like defense hasn't received all disclosure yet and they are requesting it. Maybe something which came to light during CN's bail hearing? Or LE are still gathering evidence? JMO.

Millard and Smich won’t attend the pre-trial date on September 9th. They’ll be back in court on September 19th, when dates will be set for pre-trial motions, if there are any. The Justice of the Peace will also try to finalize a trial date at that appearance.

http://www.chch.com/bosma-accused-make-court-appearance/

ADDED ATF. Thanks CS, just read your above post; TO on murder charges of WM and LB.
 
Interesting they were back in court today. IIRC last we heard about another appearance from them was to be September 19th. Sounds like defense hasn't received all disclosure yet and they are requesting it. Maybe something which came to light during CN's bail hearing? Or LE are still gathering evidence? JMO.

The court appearance was in Toronto, for the charges connected to the deaths of WM and LB. They continue to have remand appearances (by video) every month in Toronto for those charges as well.
 
Well, if that doesn't beat all! Over a year later and the Attorney General of Ontario, half of MSM, and most of the general public have put this case together with varying degrees of certainty, from absolute (AG) to "just the facts, ma'am (the press) to measuring the gallows (most of the public) and the accused STILL haven't received full disclosure of the evidence against them????


Here's a rather detailed description of exactly what "disclosure" entails. http://www.justice.gov.nl.ca/just/prosect/guidebook/009.pdf

What the heck. Let's dispense with the trial altogether, erect a guillotine for the occasion and just eliminate the accused the old fashioned way. Cheap and effective. I'll supply the knitting needles. Hey, we could even throw in Omar Khadr to delight our southern neighbors. I was thinking Canada Day might be a perfect date and Parliament Hill an excellent location. IMO. MOO. Rats. I can't find a suitably cynical smiley for the comment. Have to go with :banghead:

HTH but they have been receiving disclosure at some of these court appearances. Today was just another day to gather more.

Millard’s lawyer was given disclosure. No one was in court on behalf of Smich to accept disclosure.

http://www.annrbrocklehurst.com/201...used-murderers-of-tim-bosma-and-laura-babcock
 
Thanks, Swedie. My emphasis was on "full" disclosure. I may be wrong but I understand it's the prosecution's duty to provide disclosure as they acquire evidence. It should not be up to the defense to beg for it. I don't have any dog in this fight, but looking at it from ringside anyway, it makes little sense to me that prosecution appears to be acting coy on this point. They can't introduce evidence at trial that has not been previously disclosed so withholding seems only to suggest that either they have little confidence in their evidence or they're still out fishing and not yet ready to commit. This is not consistent with the Canadian Constitution / Bill of RIghts, if you ask me, and if it is, should be promptly brought into line anyways. IMO. IMHO. MOO etc.
 
DM and MS made a court appearance in regards to the alleged murders of LB and WM. Defence attorney asked for more disclosure. Crown assigned to the case is Laura Bird. She believes she will be able to manage this case.

MS just looked straight forward with his hands clasp. DM is always very animated; looking around, standing up, sitting down, grinning, facial expressions.

Next court appearance will be September 26th. Bosma case hopefully will begin next year.

http://www.chch.com/two-men-accused-killing-tim-bosma-appear-court/
 
July 18, 2014

The two men accused of killing Tim Bosma appeared in court Friday. It was their first court date since the Attorney General signed off on a decision to send the case straight to trial.

A date was set for their lawyers to meet with the Justice of the Peace. On September 9th, they’ll discuss issues in the case, whether any pre-trial motions will be made, and look at possible trial dates.

Millard and Smich won’t attend the pre-trial date on September 9th. They’ll be back in court on September 19th, when dates will be set for pre-trial motions, if there are any. The Justice of the Peace will also try to finalize a trial date at that appearance.


http://www.chch.com/bosma-accused-make-court-appearance/

What will we learn today...if anything? MOO.
 
DM and MS made a court appearance in regards to the alleged murders of LB and WM. Defence attorney asked for more disclosure. Crown assigned to the case is Laura Bird. She believes she will be able to manage this case.

MS just looked straight forward with his hands clasp. DM is always very animated; looking around, standing up, sitting down, grinning, facial expressions.

Next court appearance will be September 26th. Bosma case hopefully will begin next year.

http://www.chch.com/two-men-accused-killing-tim-bosma-appear-court/
There was so much talk about the size of the cells and solitary confinement that I bet DM will try to make personal appearances in Toronto whenever possible just for the change of scenery. If MS isn't consistently in solitary it may not matter as much to him.
 
Bosma Trial Expected fall, 2015


The accused killers of Tim Bosma are expected to go on trial in the autumn of 2015 with the proceedings lasting up to five months.

The logistics of the high-profile case were discussed last week when lawyers for Dellen Millard and Mark Smich met with the assistant Crown attorneys and Justice James Turnbull for a closed-door judicial pretrial meeting.

Pretrial motions are expected to take place in the spring of next year and will likely last three to four months, says Deepak Paradkar, the Toronto criminal lawyer who has been acting as counsel for Millard.

Paradkar was involved in the Sept. 9 meeting even though he does not officially represent Millard right now.

<mod snip>

|


http://www.thespec.com/news-story/4869422-bosma-murder-trial-set-for-fall-2015/
 
BBM - Interesting choice of words. Wonder if this was stated right from the horse's mouth or reporter error? Error being it should have read "alleged murdered father".

UBM - So finances are or are not an issue/problem for Millard? Sheesh. Maybe now DP has drained the Millard coffers and really doesn't want to represent DM anymore. Could it be now that DP has seen much of the direct evidence and realizes he has bit off more than he can chew? ::hills: Move over DP, let Dirk D. take on the case. DD does legal aid btw. ;) MOO.

Paradkar says money is not an issue for Millard, who is the heir to his murdered father's aviation dynasty, and he expects to be on the record by the beginning of November.

Also, if finances are in fact a problem for Millard, there is the possibility his costs would be paid for by Legal Aid

http://www.thespec.com/news-story/4869422-bosma-murder-trial-set-for-fall-2015/
 
September 19, 2014

Deepak Paradkar said Friday's court appearances, in which Smich and Millard both appeared by video, outlined early November as the date he and co-defence counsel Ravin Pillay will be formally retained as legal counsel. On Nov. 21, pretrial motion dates will be scheduled for April 2015, and the trial itself will likely be set for the fall.

...saving what Paradkar estimated as a year in the courts.

http://www.cbc.ca/news/canada/hamil...rial-expected-as-early-as-fall-2015-1.2772215

I will see if I can find the information later, but wasn't it DP who claimed that bypassing the preliminary hearing would not save the court any time?
 
BBM - Interesting choice of words. Wonder if this was stated right from the horse's mouth or reporter error? Error being it should have read "alleged murdered father".

UBM - So finances are or are not an issue/problem for Millard? Sheesh. Maybe now DP has drained the Millard coffers and really doesn't want to represent DM anymore. Could it be now that DP has seen much of the direct evidence and realizes he has bit off more than he can chew? ::hills: Move over DP, let Dirk D. take on the case. DD does legal aid btw. ;) MOO.

Paradkar says money is not an issue for Millard, who is the heir to his murdered father's aviation dynasty, and he expects to be on the record by the beginning of November.

Also, if finances are in fact a problem for Millard, there is the possibility his costs would be paid for by Legal Aid

http://www.thespec.com/news-story/4869422-bosma-murder-trial-set-for-fall-2015/

Looks more like reporter error. I can't imagine DP would need to explain that DM is the heir to any fortune and those words coming out of his mouth. If police ruled it a murder, I think she can say it was his murdered father's fortune, but she would have to say "alleged" if suggesting DM killed him.

Why all the hate for DP? Seems you've been pulling for Dirk for awhile now. I think DP's answers in the column to your queries sound reasonable. He says he'll be on the record beginning if November so we should wait and see if that happens.

I still think DP might be up in the air pending outcome or completion of MWJ defence. MWJ defence may not bring in as much cash but he probably leads to a lot more clients.

Wait and see I guess. Lots of time left to go.
 
Hmm, I read that story as Millard possibly firing DP not the other way around. Interesting how everyone brings their own interpretation.

Also, in the eyes of the law, Wayne was murdered, so it's not an error to say so. She didn't say DM did it. That would be an error.

Innocent reporter until proven guilty, Snoofo.:facepalm:
 
I just read it as it was stated - that it just a formality, due to the move to Superior Court, that hasn't been made official yet. I guess we will see in November.
 
I just read it as it was stated - that it just a formality, due to the move to Superior Court, that hasn't been made official yet. I guess we will see in November.

Could be, but it was a formality that derailed a judicial pre-trial scheduled two months earlier.

I do tend to think -- based on DP's comments -- if there were problems, they've been solved and it will be the same legal team come November.
 
I think it is difficult to consider something a hard news report if it is so ambiguous that many people interpret it's meaning differently, although, personally, I found it to mean what it said, that there was a formality that had yet to be completed. I also imagine that it was the author's own input to say that WM was murdered, and that it was not a direct quote from DP, because, well, that would just be a little too unbelievable to me, personally. I doubt DP said anything about legal aid either, I imagine that was creative licence on the author's part.
 
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