The Wayne Millard trial, Day 12
Dellen Millard's first-degree murder trial in the death of his father, Wayne, continues in Ontario Superior Court in Toronto.
3rd & 7 37yd
3rd & 7 37yd
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Then the Crown and Millard’s lawyer will make their cases for specific evidence to be included or excluded in the judge’s decision. The evidence is Sutherland’s testimony itself, and the video of Millard giving his statement to police on the night he says he found his father’s body. It’s pretty key stuff.
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For those unfamiliar with the process here -- the Crown's re-exam is their opportunity to refute things Millard's lawyer brought up in his cross-examination. You can read up about that cross here:
Defence attempts to discredit key Crown witness at Dellen Millard's murder trial | CBC News
CBCDellen Millard's lawyer attempted to discredit the testimony of a crucial Crown witness Friday at Millard's first-degree murder trial in the death of his father, Wayne. -
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Sutherland says a blanket covering Millard's hand would further complicate things, and make it more difficult for him to hold the gun and pull the trigger. He has already testified that it would be extremely difficult for Millard to have shot himself in the way he was positioned.
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Cameron says the Crown will now make submissions on the admissibility of Sutherland's evidence. The Crown wants it kept in, obviously, but Millard's lawyer, Ravin Pillay, wants it kept out. She says there is a challenge to the officer's qualifications, and over bias.
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It's worth noting that is is not usually how this would happen. In a jury trial, this argument would most likely happen before Sutherland testified -- and I wouldn't be able to report on it until the jury retired to consider its verdict. But as this trial is before a judge-alone, so it's all fair game. The judge will decide whether or not she will consider the evidence in her decision. This is really key evidence for the Crown.
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"This is not a properly qualified expert ... his evidence is not reliable," Pillay says, adding Sutherland employs "unsound science" that "fails on many different fronts.""This is a dangerous witness, who has twisted and turned at every opportunity for the Crown's position," Pillay says, adding that Sutherland "acted like an advocate" for the Crown.
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Pillay says he's going through ten areas where he says Sutherland failed in his methodology. "Det. Const. Sutherland assumed that the photographs he had from the scene accurately reflected the scene from the time of the shooting," he says. Pillay is suggesting the scene was contaminated, because things were moved.
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