General Discussion and Theories #3

[Eldee]

I don't know, but if you have a body to dispose of, a farm, a secluded swampy area and a backhoe and a lot of time on your hands and you have been linked to a missing person, hey,,,,, I am just saying.

 

[MsSherlock]

Interesting the backhoe has returned (or been moved) .... if it had been on the farm all along it should have shown up in the overhead helicopter videos

Maybe DM owns the machine and it was returned after engine repair .... or a contractor returned to finish the job after the engine was repaired , that is presuming the contractor was was paid in advance , or still has a contract to fulfill .

Who knows .... could be any number of things .... I wonder the farm was (is) in M-Holdings name , or DM's name .... maybe they will go ahead and clean up the property regardless of the fate of DM

DM had planned to tear down the old barn and those large backhoes are often used for that as well as for digging dirt.

Thanks for the picture hopingforjustice

It looks to me like the same backhoe that was in the swamp ... at least the John Deere sticker and numbers on the boom are looking similar ... see below

IMO, the backhoe may actually belong to the farmer who leases the land and may have nothing to do with DM or Millardair. A farmer would use a backhoe to open up drainage ditches etc and that would explain why it's recently been moved. Even though the farm has been searched, wouldn't necessarily mean that the land can't continue to be farmed. MOO

 

[Arnie M]

IMO, the backhoe may actually belong to the farmer who leases the land and may have nothing to do with DM or Millardair. A farmer would use a backhoe to open up drainage ditches etc and that would explain why it's recently been moved. Even though the farm has been searched, wouldn't necessarily mean that the land can't continue to be farmed. MOO

Good point ..... I also re-thought my comment about the backhoe being repaired in a short time this spring ..... the picture of the backhoe in the snow could have been from last fall

 

[Alethea Dice]

Good point ..... I also re-thought my comment about the backhoe being repaired in a short time this spring ..... the picture of the backhoe in the snow could have been from last fall

If you go back to the original picture, the reporter who posted it from the neighbour stated that the farm was being excavated in the winter and the photos were taken in March, I believe. (can't check the photo comments from here, but here is his twitter)

https://twitter.com/trevorjdunn

JMO

 

[Arnie M]

If you go back to the original picture, the reporter who posted it from the neighbour stated that the farm was being excavated in the winter and the photos were taken in March, I believe. (can't check the photo comments from here, but here is his twitter)

https://twitter.com/trevorjdunn

JMO

I checked .... photo taken in March ... thx ...

 

[swedie]

All along I have been curious about the large blue tent-tarp in the bushes in the "picnic area" ..... for a while I considered it covered a big pile of dirt because of the shape of it ...

Could also be too many trees were in the way for LE to set up a normal rectangular tent.

Now I wonder if it was covering the backhoe ????

'kinda doubt it because it would mean the engine had been repaired and all the parts reassembled in the short time from aprox April (snow) to May 6th

Whatever the case , maybe the contractor has brought it close to the highway to move it home ... lots of possibilities I suppose

Take a look at the blue tarp below .... almost shaped like it could have been draped over the backhoe.
.

JMO Arnie but I think the blue tarp was put up by LE and it is covering the incinerator and part of the crime scene prior to the incinerator being taken away. They would have wanted it covered to protect/preserve evidence during transportation.

IIRC the burnt ground was found in the area further back, in the field where LE set up two green tents. Some of us believed early on this is where Tim's truck seats were burnt. Could be DM had barrels back there for burning in, the reason for two distinct burnt/scorch marks. And isn't that area further back (two green tents were set up), where the neighbour said he saw the incinerator the Friday before DM was arrested? MOO.

Police have been scouring the farm since the weekend, setting up a large, enclosed tent over an area where the fields end and trees begin. It is believed this is where the charred remains of Mr. Bosma were found.

http://news.nationalpost.com/2013/0...was-always-a-little-different-classmate-says/

One Hamilton police car was spotted by CBC News on the property near North Dumfries on Tuesday morning, and two green military-style tents set up by police remained standing.

http://www.cbc.ca/news/canada/kitch...ns-found-at-millard-farm-police-say-1.1335718

 

[hopingforjustice]

Interesting the backhoe has returned (or been moved) .... if it had been on the farm all along it should have shown up in the overhead helicopter videos

Maybe DM owns the machine and it was returned after engine repair .... or a contractor returned to finish the job after the engine was repaired , that is presuming the contractor was was paid in advance , or still has a contract to fulfill .

Just another observation on the farm regarding this..

I looked at both "driveways" as I drove past tonight and neither appear to have been recently disturbed by what would have to be a truck and trailer to deliver it if it has been removed, nor tracks from the unit itself if unloaded at the road. My opinion would be that it has never left the farm.

 

[swedie]

Just another observation on the farm regarding this..

I looked at both "driveways" as I drove past tonight and neither appear to have been recently disturbed by what would have to be a truck and trailer to deliver it if it has been removed, nor tracks from the unit itself if unloaded at the road. My opinion would be that it has never left the farm.

I think the same Hoping BBM. Now if we only knew the history of that excavator; was it a stolen piece of equipment or purchased, did it belong to a contractor who was hired to do work out there in the bush? To me the last suggestion seems unlikely. What contractor could afford to leave a useful and expensive piece of equipment parked in a bush for months? Not to mention it does appear in the picture like anything was done other then a bit of digging.

Does anyone even know if it was broken down or was that just a suggestion? Why would anyone care about "drainage" or whatever the suggested concern seemed to be, way back there in the bush? To me it doesn't really make sense unless this is where DM intended to build that "dream home", and that I don't see as logical either considering he has over 100 acres of land to plop that dream home on, so why way back in or near a bush?

Maybe the swampy area is a burial ground for ashes or bodies? Let's hope LE did or will do some searching/digging and gather soil samples if the excavator's intent wasn't wasn't legit. Would be interesting to find out who moved the excavator this week and for what purpose. Being as there are so many sketchy circumstances surrounding DM, I wouldn't be surprised to find out the excavator was stolen and hidden in the bush. The digging going on back there might have been just fun and games, trying it out and making it look legit to any curious people (neighbours, people who rented the field) who might have seen it there.

Apparently the perps had no issues hooking up a motorcycle trailer with a $35,000 Harley Davidson inside, to their truck in broad daylight, I guess they could be brazen enough to haul off an excavator also. All JMHO.

 

[Arnie M]

IMO, the backhoe may actually belong to the farmer who leases the land and may have nothing to do with DM or Millardair. A farmer would use a backhoe to open up drainage ditches etc and that would explain why it's recently been moved. Even though the farm has been searched, wouldn't necessarily mean that the land can't continue to be farmed. MOO

You could very well be right ... it will be interesting to see if we will ever find out any of those little details during trials or whatever.

In the meantime , a tank of 100LL Helicopter Gas .... plus a TV camera crew should fly over the farm again and give us a new look around

.... it would sure beat the heck out of watching boring traffic jams on the 401 freeway ...

 

[canadiangirl]

Curious to know, a little off topic, I was just by the farm recently, there is no longer any sign of flowers etc for Tim?

 

[swedie]

It's JMO but I am assuming LE may have moved the excavator from the bush/swamp. And JMO I believe the farmland property and Millardair hangar have been seized by the court. Being as both properties were found to have criminal connections to them, it is likely DM and/or MB may never have rights/possession of these two properties again. The court could order complete seizure and hold them until the trial is over, or worse case scenario for the owner(s); not return them at all. It will be interesting to find out what will happen in this case.

Could this be why those two properties haven't been listed on real estate market yet? Or the reason why DM hasn't sold them to MB (that we heard of)? I guess as long as this is an ongoing case, the court has the right to retain these properties. Wonder if this is what they have done.

IIRC DP said DM is reading up on the law while in jail. Read em and weep. :tears:

Example: Chop shop at the hangar
462.37. Order of forfeiture of property on conviction
462.37 (1) Subject to this section and sections 462.39 to 462.41, where an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime and that the designated offence was committed in relation to that property, the court shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

http://yourlaws.ca/criminal-code-canada/46237-order-forfeiture-property-conviction

Farmland was used in commission of a crime. Truck theft, confinement and then murdered body found on property.
Under The Seizure of Criminal Property Act, 2009, property acquired, whether directly or indirectly, as a result of unlawful activity; or property that is being, or has been, used to commit a crime may be seized and, when appropriate, sold by an order of the court.
The seizure of property by the province is intended to prevent crime by taking away the proceeds of crime so they can't be subsequently used for further crime. "Property" includes both real and personal property and any interest in real or personal property.

http://www.justice.gov.sk.ca/Seizure-of-Criminal-Property-Act-2009

AND THIS...
Staff Insp. McLane said police wrapped up their five-day search last week because they were finished what they had set out to do. Still, he said police will return to the 100-acre farm if they obtain further information that merits another search. “We’re going to continue to investigate until we’re satisfied that we’ve done our due diligence to establish her whereabouts,” he said.

http://www.theglobeandmail.com/news/toronto/millard-farm-search-is-inconclusive/article14430330/

 

[swedie]

Curious to know, a little off topic, I was just by the farm recently, there is no longer any sign of flowers etc for Tim?

Maybe people visit his grave now; now that he has been laid to rest.
RIP Tim. Justice is coming.

 

[swedie]

Although this is Saskatchewan, I doubt Ontario is any different. Hope this is the case if DM is guilty and SB is awarded compensation. I'm certain she would rather have Tim back but we know that is not possible sadly. Now IMHO she deserves at least the amount of income Tim would have provided for her and their wee one for the rest of SB's life.

An order made under the Act may be appealed to the Court of Appeal on a question of law and that Court may make any order it considers appropriate. However, there is no appeal of a forfeiture order.
The Act establishes a criminal property forfeiture fund to hold all money received through the property forfeited to the Government of Saskatchewan and property that is the subject of an interim order. Subject to any order of the court, any surplus from the fund may be distributed, at the direction of the Minister of Justice, equally to police operations and to the Victims' Fund under section 6 of The Victims of Crime Act, 1995.

 

[lanman]

As I have stated many times, I drive that road twice a day--every work day and today I spotted something that was not there on Friday....????

I took this photo on my cell phone at 1:30 pm this afternoon

John Deere Excavator directly behind the barn

It appears to me that the Excavator was probably moved lately for a photo shoot...it's now for sale on kijiji

Search for "1997 John Deere 690 ELC excavator"

 

[swedie]

Civil Forfeiture: What Is It?

Civil forfeiture is the judicial transfer of title to proceeds and instruments of
unlawful activity through civil proceedings.

In Ontario, civil forfeiture legislation focuses solely on the connection between
property and unlawful activity and is not dependant on any criminal charges or
convictions. The standard of proof required for civil forfeiture is the same as in all
civil suits — a balance of probabilities.

In contrast, criminal law deals with people and their criminal liability for specific
acts. The Criminal Code of Canada, the Controlled Drugs and Substances Act
and numerous other statutes contain provisions that allow for the seizure or
restraint of tainted assets in the course of a criminal investigation and provide for
forfeiture upon conviction. Other federal statutes also provide for seizure,
restraint and forfeiture through adoption of the Criminal Code regime. Criminal
seizure, restraint and forfeiture apply to assets derived or obtained directly or
indirectly from the commission of almost all criminal offences.

Criminal asset forfeiture is primarily conviction-based, meaning the Crown
usually must first obtain a criminal conviction against an offender in order to seek
a forfeiture order. The Crown must establish, on a balance of probabilities, that
the target asset arose from or was used in the commission of an offence.

Read more at:
http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/20070824_CRIA_Update.pdf

 

[swedie]

It appears to me that the Excavator was probably moved lately for a photo shoot...it's now for sale on kijiji

Search for "1997 John Deere 690 ELC excavator"

Listing and picture. Thanks Ianman. :seeya: Guess it's not a hot item
Selling a 1997 John Deere 690 ELC excavator. Machine is in great condition, just start it up and go digging. Has reman John Deere engine, reman turbo and new starter. Asking $50,000 OBO.

http://brantford.kijiji.ca/c-cars-v...hn-Deere-690-ELC-excavator-W0QQAdIdZ534137178

 

[hopingforjustice]

Thanks Swedie

If you go to that posting and look at "other items for sale" you will see that he also just listed a 1957 Willie Jeep. The pics for it are obviously taken at the hangar. (one shows a plane in background)

So this would mean to me that LE has released the farm and potentially the hangar (if pics were taken recently) ? There were obviously people from DM side on both properties and will have to allow potential buyers on as well.

I realize his defense will be costly but all this selling seems extreme. Will the farm and hangar be next? Who will get this money? What is to stop DM from reverting that money to his mother or anyone else? (could come into play should Ontario have similar rules as Sask as Swedie posted)
Are there rules in place to protect the Bosma family if he should be convicted? (ie: his value at the time of the crime as apposed to his value at the time of conviction)

I find this very questionable.. but JMO

<modsnip>

 

[swedie]

Thanks Swedie

If you go to that posting and look at "other items for sale" you will see that he also just listed a 1957 Willie Jeep. The pics for it are obviously taken at the hangar. (one shows a plane in background)

So this would mean to me that LE has released the farm and potentially the hangar (if pics were taken recently) ? There were obviously people from DM side on both properties and will have to allow potential buyers on as well.

I realize his defense will be costly but all this selling seems extreme. Will the farm and hangar be next? Who will get this money? What is to stop DM from reverting that money to his mother or anyone else? (could come into play should Ontario have similar rules as Sask as Swedie posted)
Are there rules in place to protect the Bosma family if he should be convicted? (ie: his value at the time of the crime as apposed to his value at the time of conviction)

I find this very questionable.. but JMO
<modsnip>

LE may have confiscated both properties (hangar and farmland) but if someone not involved in the crime owns something on the property and they can show it or they had no connection to the crime, I believe LE would release it to them. Therefore just maybe the the 57 Jeep does not belong to DM but a buddy who was storing or working on it there and same with the excavator. It may belong to someone else not DM. Not positive on all of this, it's JMO. Could be why it has taken over four months to move these items out the door; cutting through all the red tape. MOO.

I'm sure Revenue Canada is keeping a very close eye on all of DM's assets, not to mention lawyers and LE. Don't think anyone would do anything underhanded to land themselves in a pile of doodoo kwim.

Hoping, not sure if you have seen this article from June 5th. They're on top of it.

Dellen Millard land deals &#8216;beyond smelly,&#8217; experts say
The lawyer for the man accused in Tim Bosma's murder dismisses allegations that Millard transferred property fraudulently.

http://www.thestar.com/news/crime/2013/06/05/millard_land_deals_beyond_smelly_experts_say.html

 

[hopingforjustice]

Hoping, not sure if you have seen this article from June 5th. They're on top of it.

Dellen Millard land deals ‘beyond smelly,’ experts say
The lawyer for the man accused in Tim Bosma's murder dismisses allegations that Millard transferred property fraudulently.

http://www.thestar.com/news/crime/20...perts_say.html

Thanks..I had missed that article

 

[Eldee]

I believe the selling of all assets is to prevent a civil suit from the victims family. Should SB file a civil suit against DM I would imagine now that the assets have become so convoluted, it would be many many years before SB would ever see a dime. ( if ever )
You know when you watch a CSI show and every single piece of evidence is luminoled for blood or seman stains, do you think all of these assets that are being sold off have been gone over with a fine tooth comb? I don't think they have been, funnily enough.