New judge takes over Tim Bosma trial

Justice Stephen Glithero has stepped aside because of health issues and a new judge has taken over the trial.

Pretrial motions to resume on Thursday

Dellen Millard, left, during a previous court appearance with former lawyer Deepak Paradkar. (CBC)

A new judge has taken over the trial of two men accused of killing Ancaster's Tim Bosma.

Justice Stephen Glithero, the veteran judge who was presiding over the case, is stepping down for health reasons, court heard Monday.

Glithero has been replaced by Justice Andrew Goodman, who then continued with pretrial motions Monday morning.

Glithero did not get into specifics about his ailment, only saying that in all likelihood, the case would be interrupted if he stayed on as judge. 

He also said he wished he could continue, but that it would be in the best interest of everyone involved if he recused himself.

Glithero was taken to hospital a week ago and kept overnight, forcing a week's delay in the pretrial hearings.

Goodman was judge on controversial sex assault case

Goodman has served as a judge in Kitchener and London. Before that he was an assistant Crown attorney in Halton for many years.

Goodman was previously the judge for a controversial case in Hamilton where he ordered two sisters from Ancaster to pay their uncle $125,000 in libel damages for falsely accusing him of sexually assaulting them in a rural farmhouse when they were children.

Both Dellen Millard, 30, and Mark Smich, 27, were in court Monday. The two are accused of first-degree murder in connection with Bosma's death.

Both men were led into the court in leg shackles. Smich was wearing a white stripped shirt, with close cropped, gelled hair, and stared straight ahead during the proceedings.

Millard wore a white shirt with shaggy hair, and one long, shoulder-length braid on the right side of his head. He looked over at Smich several times during the hearing.

Justice Goodman has adjourned the pretrial motions until Thursday morning.

Pretrial motions are filed on a range of issues and can lead to discussions in front of a judge about issues like the kinds of evidence that will be admitted in trial, the location of the trial due to media and community attention or the parameters on who will be called as witnesses.

The motions are usually conducted in public, but are often subject to a publication ban, meaning media can attend, but can't report on what they hear.

Trial expected to begin in January

Bosma was last seen on May 6, 2013 when he left to take two men for a test drive in a truck he was trying to sell online. His charred remains were later found on Millard's Waterloo farm.

Millard, who comes from an aviation family, is also charged in the first-degree murder in the death of his father, Wayne Millard. The elder Millard died in November 2012 and his death was initially ruled a suicide.

Millard and Smich are also charged in the death of 23-year-old Laura Babcock, who went missing in the summer of 2012.

Christina Noudga, 22, of Toronto has also been charged with being accessory after the fact in connection to Bosma's death.

Millard, Smich and Noudga are all headed straight to trial, skipping a preliminary hearing. The Bosma trial is expected to begin in January 2016.



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