Justice Stephen Glithero ruled on Monday that three days of pretrial motions — which are often subject to a publication ban, but usually conducted in public — will be in-camera, with neither the media or members of the public allowed in the courtroom.
Dellen Millard, 29, and Mark Smich, 27, are accused of first degree murder in the death of Tim Bosma of Ancaster. Bosma was last seen on May 6, 2013 when he left to take two men for a test drive in a truck he was trying to sell online. Bosma’s charred remains were found on Millard’s Waterloo farm.
Millard and Smich appeared in person in the Hamilton court on Monday. Millard wore a grey suit jacket and shoulder-length hair. Smich wore a dark dress shirt with white stripes. Both stared straight ahead.
But the accused and their counsel were the only ones allowed in the sixth-floor courtroom for the session, which started at 3 p.m. and stretched into the early evening hours.
Deepak Paradkar, who represents Millard but has not yet been retained for the trial in Superior Court, wouldn’t comment on the decision on Monday.
“It’s in-camera,” he said. “That’s the position the judge has taken. I’m not going to go against what the judge says.”
Paradkar, who said he is Millard’s “expected counsel,” wouldn’t say whether he challenged Glithero’s decision.
“There are some issues that are like that so I don’t think it’s unusual.”
Smich’s lawyer, Thomas Dungey, has been retained.
Pretrial motions will continue at 10 a.m. on April 30 and again on May 1.
Millard, who comes from an aviation family, is also charged in the first-degree murder in the death of his father, Wayne Millard. The elder Millard died in November 2012 and his death was initially ruled a suicide.
Millard and Smich, Oakville, are also charged in the death of 23-year-old Laura Babcock, who went missing in the summer of 2012.
Christina Noudga, 22, of Toronto has also been charged with being accessory after the fact in connection to Bosma’s slaying.
Millard, Smich and Noudga are all headed straight to trial, skipping a preliminary hearing. The trial for Millard and Smich is expected to begin in September.