Key Crown witness evidence thrown out at Dellen Millard murder trial
Dellen Millard's 1st-degree murder trial in the death of his father, Wayne, approaching final stages
The judge at Dellen Millard's first-degree murder trial in the death of his father, Wayne, has ruled that key evidence from a Crown witness will not be admissible in her decision on Millard's fate.
Justice Maureen Forestell made the ruling Friday morning. It marks a major blow to the Crown's case.
The judge's ruling centres on testimony from Det. Const. Grant Sutherland. He's a police crime scene reconstructionist who testified during the trial that he does not believe Wayne Millard shot himself.
Dellen Millard's lawyer, Ravin Pillay, argued Sutherland used "unsound science" that "fails on many different fronts," and therefore shouldn't be included in the judge's decision.
The Crown maintained Sutherland was a forthright and knowledgeable witness.
In the end, Forestell ruled in favour of the defence, excluding the majority of Sutherland's evidence. She said his testimony showed "bias" and "lack of reliability."
"I have concluded that Det. Const. Sutherland failed to disclose his awareness of evidence that could have undermined his conclusions," the judge said.
"His opinion on the likelihood of Wayne Millard firing the gun is not admissible."
Test fire videos excluded
The death of the 71-year-old Millard was originally ruled a suicide. He was found at his home at 5 Maple Gate Court in the Toronto suburb of Etobicoke with a single gunshot wound through his eye on Nov. 29, 2012.
Dellen Millard, 32, was charged in his father's death after police started investigating the murders of Tim Bosma, a father and husband from Hamilton, and Laura Babcock, a Toronto woman he had been involved with.
Millard is currently serving consecutive life sentences for those slayings. He has pleaded not guilty to killing his father at the judge-alone trial being held in Superior Court in Toronto.
The bulk of Sutherland's evidence centred around videos of him conducting test fires of the .32-calibre Smith & Wesson revolver that was used to shoot Wayne Millard.
The judge ruled that any evidence from Sutherland that includes test fires of the gun, or testimony about the gun's position or location, is to be excluded.
Forestell did, however, allow some general evidence Sutherland gave about how this gun operates and how it expels gunshot residue when fired.
Defence not calling witnesses
After weeks of cross-examining Crown witnesses, Millard's lawyer announced Friday that he will not call any defence witnesses.
That means Millard will not testify in his own defence.
Now, the trial moves into its final stages, with closing submissions coming on Monday.
The Crown will go first, followed by the defence.
It's expected the judge will then reserve her judgment for a later date.
- Follow along with a recap of the CBC's live blog coverage from inside the courtroom. On mobile and can't see it? View the live blog here.
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