Evidence 'overwhelming' that Millard killed his father, court says in reasons 
for rejecting appeal
 
Ontario Court of Appeal has issued its reasons for dismissing appeal of murder 
conviction
Apr 10, 2023

 
Dellen Millard, 32, is acting as his own lawyer at the Laura Babcock murder 
trial. Co-accused Mark Smich has a lawyer. (Toronto Police Service)
Ontario's top court dismissed serial killer Dellen Millard's appeal of his 
murder conviction in the death of his father because it says the evidence is 
"overwhelming" that he committed the murder.
In reasons published last week, the Ontario Court of Appeal rejected five points 
made by Millard in his argument that the guilty verdict was unreasonable.
Millard was convicted of first-degree murder of Wayne Millard in September 2018. 
Millard shot his father in the eye while he slept in his Etobicoke home at 5 
Maple Gate Court on Nov. 29, 2012. Millard has also been convicted of two other 
first-degree murders — the deaths of Hamilton man Tim Bosma, 32, and Toronto 
woman Laura Babcock, 23.
Wayne Millard, 71, was a wealthy aviation executive. Dellen Millard was his only 
child.
"Although the time of Wayne Millard's death could not be determined with 
precision, it was proved that Dellen Millard purchased the handgun that was used 
to kill Wayne Millard in July 2012 and that he possessed that gun in the months 
before his father's death. The handgun bore Dellen Millard's DNA, but not Wayne 
Millard's," the panel of three judges writes.
"This evidence, coupled with the compelling evidentiary foundation that 
permitted the trial judge to find that Dellen Millard was in the area of the 
Maple Gate home during the window in which Wayne Millard died, after Dellen 
Millard attempted to construct a false alibi, provided an overwhelming 
foundation for Dellen Millard's conviction."
Millard has appealed all three murder convictions. The court has reserved its 
decision on the other two appeals.
'No merit to any of these submissions'
Millard, who was self-represented, had argued that the trial judge relied on 
evidence of his former associate Marlena Meneses, who was deemed to be a 
"dangerous witness." Meneses was the girlfriend of Millard's friend Mark Smich.
Millard also had alleged that there wasn't enough evidence to suggest he had 
concocted an alibi. And he had complained about the finding that he lied to 
police about his whereabouts.
He had also complained about the finding of the trial judge regarding one of his 
cellphones. And he claimed that the Crown failed to prove that his father died 
during the period of time that Dellen Millard was found to be in the area of the 
shooting.
In its reasons, the court replied: "There is no merit to any of these 
submissions. We reject Dellen Millard's submission that the verdict was 
unreasonable."
 
 
 

Wayne Millard, 71 when he died, was a wealthy aviation executive. His son, 
Dellen Millard, killed him by shooting him in the eye on Nov. 29, 2012. (Rob 
Seaman)
	
		Wayne Millard's death in 
		November 2012 was originally ruled a suicide. At the time, Dellen 
		Millard was living at his father's home.
		He wasn't charged in his 
		father's death until 2014, after police started investigating the 
		slayings of both Bosma, a husband and father from the Ancaster area of 
		Hamilton, and Babcock, a Toronto woman who had been involved with 
		Millard.
		A jury in June 2016 
		first found Millard and Smich guilty of murdering Bosma. The trial heard 
		Bosma's body was burned in an incinerator.  Bosma was killed after he 
		took the two men out for a test drive of his pickup truck in May 2013.
		The Crown argued the 
		same incinerator was used to get rid of the body of Babcock, theorizing 
		Millard was motivated to kill his one-time lover to settle a love 
		triangle with his then-current girlfriend. Babcock, whose body has never 
		been found, vanished in July 2012.
		At trial, the judge 
		found that Millard purchased the gun that killed his father, was at the 
		house the night of the murder, and had set up a false alibi to conceal 
		what he had done.
		
		Millard was sentenced in 
		2018 for his father's murder with no chance of parole for 75 years after 
		the trial judge stacked the 25-year period of parole ineligibility with 
		his previous sentences for the Bosma and Babcock murders.
		Then the Supreme Court 
		ruled those types of consecutive periods of parole ineligibility are 
		unconstitutional, entitling Millard to apply for parole after 25 years.
 
 
	With files from The Canadian Press and Adam 
	Carter
	 
	
	
	Source
	 
	Commentary by the Ottawa Mens Centre
	First,  this comment is NOT a support of 
	David Millard who will spend the rest of his life in bars. I met his father 
	and was pretty upset by his murder by his own son
	so please do not take the following as any 
	support for Millard.
	 
	This comment is directed at the Ontario  
	Court of Appeal who do not have any comprehension of  the fundamental 
	principles of justice. 
	The Ontario  court of appeal historically 
	acts as a rubber stamp, to sanitize lower court decisions. 
	This is a court where the odds of an appeal 
	being successful are amongst the lowest in the western world.
	 
	There are several areas where the Ontario  
	Court of Appeal brings the administration of justice into ill repute.
	Unfortunately the Millard case is a classic 
	example. 
	In every other country except Canada an 
	accused person is entitled to a lawyer. 
	Millard applied for a court appointed lawyer 
	and was denied. To be blunt, the Ontario Court of Appeal knew 
	that Millard was incapable of representing 
	himself and denied him even an adjournment to seek representation by a 
	lawyer.
	This is a classic example where political 
	reasoning and denial trumped legal reasoning or even common sense.
	 
	So, now Millard will apply for leave to the 
	Supreme Court of Canada who just like the Ontario  Court of Appeal will
	make a "political decision" rather than a 
	"legal decision" based on legal logic.
	 
	The Supreme Court of Canada historically 
	operates without logical reasoning, its dominated by "politically correct 
	reasoning"
	and acts as a 'censor" to get rid of cases 
	that might be embarrassing the Judiciary in Canada.
	Its effectively a criminal corporation who 
	major in obstruction of  justice.
	 
	Legal reasoning requires the primary 
	consideration of balancing the probative versus the prejudice.
	In this case, both the Ontario Court of Appeal 
	and the Supreme Court of Canada both fail to 
	balance or consider the cost of "injustice".
	
	 
	The political reasoning used is that courts or 
	judges consider political correctness , the notion is that only the rich can 
	afford a lawyer
	and if you can't afford a lawyer  you 
	must be guilty and therefore you can save society money and represent 
	yourself.
	That is what drives the brains of Canadian 
	politicians who know didly squat about law and our judiciary who care about
	pleasing politicians and telling them what the 
	politicians want to hear.
	In psychology 101 its a form of denial called 
	"reaction formation"
	
	I would urge all readers to go read the 1963 USSC case of Earl Gideon v. 
	Waynewright and or the  1994
	Australian High Court case of R v. Dietrich. 
	In the United States the Gideon v. Waynewright case brought about
	the US Public defender system that does not 
	exist in  Canada.