Court of Appeal shuts down serial killer Dellen Millard’s request for another delay

Enough already.

For a decade, serial killer Dellen Millard has been trying - without success - to outsmart the system. He has pushed and begged and cajoled to have his three murder cases adjourned and delayed whenever and wherever he can. He has drawn the ire of numerous judges, extended the pain of his victims' loved ones and stretched the public's confidence in the justice system to its limit.

All that screeched to a stop Tuesday when the Court of Appeal for Ontario took less than five minutes to shut down his latest stunt, thereby bringing him - quite possibly once and for all - to the end of his legal stall.

Millard asked the province's highest court to give him more time to prepare for his appeal of his conviction for the first-degree murder of his father. An appeal he asked for. An appeal scheduled to take place Friday.

He is this close" to retaining a lawyer, he said.

He needs time to refine his arguments, he said.

The panel of three judges heard what he had to say. Then they listened to the Crown read off Millard's long history of delay tactics and the rebukes from judges and the many, many missed deadlines when - let's face it - Millard has nothing to do in his prison cell all day but prepare for court.

Addressing the court over Zoom from Millhaven Institution, Millard asked that the appeal on his father's murder be put over to August.

I am trying to do what I can. I'm trying to get counsel where I can," he said. I don't have the expertise. I'm not actually a lawyer.

It would be in the interest of justice to allow this adjournment."

He added that while he'd also like an adjournment in the Tim Bosma case, he wasn't going to ask for one because he figured it was too late. It was 24 hours away.

It took Justices Eileen Gillese, Grant Huscroft and David Paciocco barely a moment to leave the courtroom, confer, and return to give Millard their decision.

His request for adjournment was refused.

He has been given every opportunity to prepare. His case has been carefully managed. There has already been a lengthy delay.

There is no basis to adjourn this any further," said Gellese.

This week has been set aside for Millard to appeal his convictions and sentences in the first degree murders of his one-time girlfriend Laura Babcock (which was heard Monday and Tuesday); Ancaster family man Tim Bosma (Wednesday and Thursday) and his father Wayne Millard on Friday.

Interestingly, one of the grounds for appeal put forth by Millard in Laura's case is that the trial judge, Michael Code, stopped giving him adjournments. Millard represented himself during the trial.

In dismissing Millard's latest application for adjournment, it seems likely the court of appeal panel would also dismiss that issue as a ground for appeal.

Millard's lackey and partner in crime Mark Smich is also appealing his first degree murder convictions and sentences in the deaths of Tim and Laura.

Both offenders will have a reduction in sentences rubber stamped by the court, thanks to a recent Supreme Court of Canada decision that found stacked" or consecutive" parole eligibility periods inhumane.

For Millard that means his life sentence with no chance of parole for 75 years will be reduced to 25 years, and Smich's will drop to 25 from 50.

With the rejection of Millard's adjournment application and if the court strikes down all the conviction appeals, that could be the end.

Unless Millard and Smich believe they can convince the Supreme Court of Canada to see their cases differently.

Wayne Millard was the first murder victim. The 71-year-old millionaire businessman was discovered' by his only child dead, in his bed in Etobicoke, on Nov. 29, 2012. He had been shot in the eye.

Police initially ruled his death a suicide.

The second victim was Laura, a Toronto woman who went missing in July 2012. She was the third person in a love triangle that sparked the vicious jealousy of one of Millard's other girlfriends, Christina Noudga.

Toronto Police did little to find Laura because of her transient and troubled life.

The police and Crown believe she was shot then burned in an animal incinerator called The Eliminator.

On May 6, 2013, Tim Bosma left his wife and baby at home while he went with two strangers to test drive the truck he was selling.

He never came home.

A jury found Millard and Smich guilty of shooting Tim within minutes of leaving his Ancaster driveway, then incinerating his body in The Eliminator.

It was only after Millard was arrested in connection to Tim's disappearance that Toronto Police reopened their investigations into Wayne and Laura.

While Millard has repeatedly said he hasn't the money to hire lawyers, court heard Tuesday that he has a receivership set up to pay 100 per cent of his legal fees," according to the Crown.

And Millard was able to retain a lawyer, Ravin Pillay, to represent him both at the six-month-long trial in Tim's death and for the appeal this week in Laura's case.

Millard will have this week back in the limelight. He should savour it, because it may be years before he gets another glimpse.

Susan Clairmont is a justice columnist at The Spectator. sclairmont@thespec.com