One year later, Six Nations double-murder trial still paused

One year ago, a double-murder trial came to a screeching halt when the accused fired his lawyer.

The case has been on pause ever since.

One year for the victims' families to wait for justice.

One year for the accused killer to sit in jail, presumed to be innocent.

One year for an already hostile star witness to be on standby.

One year for the public's confidence in the courts to wane.

Our justice system is slow. But this? Complete stagnation in the middle of a murder trial?

This is remarkable.

Thomas Bomberry is on trial for two counts of second-degree murder in connection to a triple homicide that occurred Oct. 29, 2018, on Six Nations of the Grand River.

Bomberry is accused of killing Alan Porter, 33, and Melissa Miller, 36, who was seven months pregnant. They, along with Michael Jamieson, 32, all of Six Nations, were killed at a trailer belonging to Bomberry's cousin, Kirsten Bomberry, on the 4th Line of Ohsweken.

On Feb. 22, 2022, days into his repeatedly delayed trial in Hamilton, Bomberry fired his lawyer. From the prisoner's box he told Justice Andrew Goodman he did not accept the 14-page agreed statement of facts entered into the record a week earlier by his lawyer and the assistant Crown attorneys.

Though Bomberry initially approved the statement, he said: I believe I had a misunderstanding ... I am not 100 per cent agreeable with some stuff in it."

Some information appeared to come from separate legal proceedings concerning five other people charged in relation to the homicides. Bomberry said he couldn't accept facts concerning the other accused that he wasn't in court for.

Attempts to salvage the situation were unsuccessful and Goodman halted the trial. He gave Bomberry one month to get a new lawyer.

It will not be a mistrial," Goodman said at the time.

Yet, one year later, here we are.

The matter came up briefly in front of Goodman again on Thursday, with Bomberry Zooming in from jail.

Court heard Bomberry is in the process of retaining Toronto criminal lawyer Jennifer Penman.

Last year, Penman defended Richard Taylor, a Hamilton school teacher who faced two counts of first-degree murder for burning his mother and stepfather alive for the inheritance. A jury found him guilty on both counts.

Bomberry is filing a Rowbotham application, court heard.

That is a request for government funding when someone charged with a serious crime has been denied legal aid, according to the Legal Aid Ontario website.

If a Rowbotham application is approved, an order is provided that indicates that the criminal charges against an accused cannot proceed unless the government pays for a lawyer to represent the accused."

Goodman has ordered Bomberry's matter to be addressed in court again on March 23 for an update.

On the last day of the trial in 2022, Goodman dismissed a problematic Crown witness, telling her she would be recalled when the trial resumed.

Kirsten Bomberry is an admitted drug dealer with addiction issues and a criminal record for manslaughter. She gave a four-hour video statement to police following the triple homicide.

But on the witness stand, she refused to co-operate. At one point, Goodman threw her in jail for a night so she could sober up after all the trial lawyers and the judge suspected she was on drugs while testifying.

The next day, however, the trial was delayed because corrections staff said a scan showed Kirsten had a package of drugs inside her body.

The night of the murders, Kirsten partied with friends involved in the death of Douglas Hill in June 2017. The Brantford man's body was found near London two months after he disappeared. Hill was Melissa's partner.

The bodies of Melissa, Alan and Michael were dumped close to where Hill was found. On Nov. 4, 2018, hunters discovered them in a stolen pickup truck, wrapped in blankets and bound by cords.

Kirsten was charged with three counts of accessory after the fact to murder for cleaning up the crime scene and burying the weapons.

She was acquitted when her lawyer successfully argued Kirsten feared she too would be killed if she didn't help.

Vernon Shipman was charged with three counts of accessory after the fact to murder. The Crown withdrew those charges in November due to no prospect of conviction.

Roland Sturgeon was also charged with three counts of accessory after the fact to murder, but those charges were withdrawn in the fall of 2020.

Nicholas Shipman was originally charged with three counts of second-degree murder and pleaded guilty to three counts of manslaughter. He was sentenced to 18 years in prison.

Jamie Beaver was charged with one count of second-degree murder and pleaded guilty to aggravated assault. She was sentenced to time served and a three-year peace bond.

That leaves just one accused before the court.

And Bomberry's trial isn't likely to resume any time soon.

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