Noudga's house arrest allowed for baseball games and music festivals
Change in bail conditions meant Dellen Millard's ex-girlfriend could leave home with parental note
Christina Noudga's time under house arrest included Blue Jays games, music festivals and nights out with friends, her social media feeds show.
That's because an amendment to the 24-year-old Toronto woman's original bail terms allowed her to leave her house, even though she was under house arrest — as long as she had a note from her parents.
Even with that leniency, Noudga's time under house arrest was considered as a mitigating factor when she pleaded guilty to a reduced charge Tuesday for her role in covering up evidence in the murder of Hamilton man Tim Bosma.
Because of her time under house arrest, and with consideration for the four months she was in custody after her arrest in April 2014, Noudga didn't face any additional time. She walked out of the John Sopinka Courthouse Wednesday after giving a DNA sample.
Dellen Millard's former girlfriend was originally charged with being an accessory after the fact in Bosma's murder, but instead entered a guilty plea on a reduced charge of obstructing justice by destroying evidence.
Noudga's Instagram feed shows photos of Blue Jays games on Oct. 18 and May 7 of this year, as well as photos from Wayhome Festival, Field Trip Festival, Bestival, as well as assorted photos of cocktail menus or bottles of alcohol.
Det. Sgt. Matt Kavanagh from Hamilton police told CBC News that those activities wouldn't mean a violation of her bail conditions, as long as she had a note from her sureties — who happen to be her parents — detailing what she was doing.
"There was no limitation to the activities," Kavanagh said in an email. "This condition makes it almost impossible for police to enforce the conditions especially if investigated after the date of the possible breach as she does not have to save the note. So in my opinion there is no charge of breach of recognizance."
Originally stricter bail conditions
Noudga's bail restrictions weren't always so lenient that a note from her parents would be enough to get out of the house. Kavanagh said that she was originally released with "very strict" $100,000 bail conditions.
They included wearing an ankle bracelet to track her movements (at her family's expense), and only being allowed outside her home to go to work or to attend school.
Kavanagh said she subsequently applied for and was granted variances in her bail, which removed the ankle bracelet and allowed her outside with a note.
Assistant Crown attorneys Brett Moodie and Craig Fraser, who appeared in court for the Crown for Noudga's hearing yesterday, said they were unable to comment on the issue.
Noudga's lawyer Brian Greenspan did not respond to calls and emails requesting an interview.
Found guilty in June
Bosma vanished in May 2013 after he went on a test drive of the truck he was trying to sell with aviation heir Millard and aspiring rapper Mark Smich. What is believed to be his burned remains were found in an animal incinerator on Millard's Ayr, Ont., farm.
Millard and Smich were found guilty in June of first-degree murder.
During the Millard and Smich trial, the jury heard that Noudga helped move the trailer that held Bosma's truck, as well as the incinerator in which his body was burned and the toolbox that is believed to have carried the murder weapon.
In her bedroom, police also found a digital video recorder that contained footage of Millard and Smich inside the MillardAir hangar on the night that Bosma died.
Noudga also wiped down the trailer in which Bosma's truck was eventually found, after her then-boyfriend's arrest.
While in the witness box at the last trial, Noudga insisted she had no idea that any of her actions were connected with any wrongdoing. Her testimony from the last trial could not be used against her in another trial, because of the Canada Evidence Act.
In an agreed statement of facts presented in court on Tuesday, Noudga agreed that she had participated in those activities, but said she did so without knowing that Millard and Smich had murdered Bosma.
The obstructing justice charge, her lawyer noted, related specifically to wiping down the trailer after Millard's arrest.