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Direct indictment request in Timothy Bosma murder trial would be latest ‘extraordinary’ turn

This Facebook photo shows Dellen Millard, the aviation prodigy charged in the disappearance of Tim Bosma.

The disappearance and death of Ontario father Timothy Bosma left two men charged and one family grieving became the first in a series of extraordinary dominoes to fall over the past year, with two stagnant cases reopened and resulting in murder charges, more loved ones swept up in the maelstrom and now, Crown lawyers making the rare pitch for an expedited trial.

The Hamilton Spectator reported on Friday that prosecutors are seeking a direct indictment against Dellen Millard and Mark Smich, both charged with first-degree murder in Bosma's death, meaning the case would skip a weeks-long preliminary hearing and proceed directly to trial.

Though no one involved in the case was able to discuss the request with the Spectator, direct indictments are rare in Canada and their use is quite notable.

The Ontario Attorney General calls the power "an extraordinary one" which is infrequently used.

"Generally, counsel may make a request for the Attorney General’s consent to a direct indictment where there exist compelling circumstances which require, in the interests of justice, that the matter be brought to trial forthwith, bearing in mind the strength of the Crown’s case and the seriousness of the charge," the Crown policy manual states.

According to Public Prosecution Services of Canada, direct indictments are exercised only in cases involving serious violations of the law, and when the public interest is served by an expedited trial.

The policy lays out several instances in which a direct indictment is considered appropriate, including:

  • When an accused is discharged at a preliminary inquiry and new evidence is later discovered;

  • When there is a reason to believe the lives or safety of witnesses and their families are in danger, or in other cases when limiting an extended trial's impact on the family is deemed highly important;

  • In cases were expediency would help ensure public confidence in the justice system.

While direct indictments are rare, they are certainly not unheard of. Recent examples include the ongoing trial against two men accused in an alleged Via rail terrorist plot. A direct indictment was also requested in the Toronto 18 terror trial against a group of men accused of plotting to blow up buildings in Ottawa and Toronto in 2006.

The infamous murder trial of Paul Bernardo proceeded by direct indictment, as did the trial for Michael Rafferty, the man charged in the death of eight-year-old Tori Stafford. The case against a Manitoba woman accused of spreading HIV to a partner was also sent directly to trial last year.

Travis Vader, charged in the deaths of two seniors whose bodies were never recovered, also had his murder trial proceed by direct indictment, though those charges were later stayed. He more recently filed a lawsuit against 59 people involved in the case, which included accusations of malicious prosecution.

That the trial into the death of Timothy Bosma could take an unexpected turn should be no surprise by now. The sudden disappearance and death of the 32-year-old Ancaster, Ont., father has been followed by months of mystery and surprises.

Bosma was last seen alive on the evening of May 6, 2013, to give two men a test drive in a truck he had posted for sale.

His disappearance prompted police to launch a massive search and Millard is arrested in connection to his disappearance four days later, it wasn't until the following week that his body was discovered, burned beyond recognition, on Millard's family farm.

The case of Bosma's death led investigators to re-open to stalled investigations, one into the death of Bosma's father, previously believed to have been suicide, and on into the unexplained disappearance of Laura Babcock.

Millard was eventually charged with first-degree murder in each of those cases. Smich also faces a murder charge in Babcock's death, though those cases have yet to make it to trial.

Investigators have remained silent on what prompted charges in those once-dormant cases, and Babcock's family has reportedly not even been told if her body has been recovered at all.

A third person has since been charged in Bosma's death – 21-year-old Christine Noudga was charged with accessory after the fact in April – and another man was charged earlier this month with selling Millard the weapon that allegedly killed his father.

The series of charges, investigations, evidence and allegations in what has become a confusing web of otherwise separate cases, could perhaps be the reason for the request of a quick trial. Other murder cases await the conclusion of this first domino, so many grieving families left with unanswerable questions, and the attention of an entire country watching and waiting.

Direct indictments may be infrequently used, but the investigation into the death of Timothy Bosma has been a series of extraordinary circumstances. There's room for one more.