Key Crown witness evidence thrown out at Dellen Millard murder trial

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 Forestellmade the ruling Friday morning. It marks a major blow to the Crown's case.

The judge'sruling centres on testimony fromDet.Const. Grant Sutherland. He's a police crime scene reconstructionist whotestified during the trial that hedoes not believe Wayne Millard shot himself.

Dellen Millard's lawyer, RavinPillay,argued Sutherland used"unsound science" that "fails on many different fronts," and therefore shouldn't be included in the judge's decision.

The Crown maintainedSutherland was a forthright and knowledgeable witness.

In the end, Forestellruled 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 onthe likelihood of Wayne Millard firing the gun is not admissible."

Test fire videos excluded

The death of the 71-year-old Millardwas originally ruled a suicide. He was found at his home at 5 Maple Gate Court in the Toronto suburb ofEtobicokewith a single gunshot wound through his eye on Nov. 29, 2012.

DellenMillard, 32, was charged in his father's death afterpolice started investigating the murders of TimBosma, a father and husband from Hamilton, and LauraBabcock, a Toronto woman he had been involved with.

Millard is currently serving consecutive life sentences for those slayings. Hehas pleaded not guilty to killing his father at the judge-alone trial being held in Superior Court in Toronto.

Millard shooting scene reconstruction

6 years ago

Duration 0:21

Det. Const. Grant Sutherland conducts reconstruction testing using the firearm that killed Wayne Millard.

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 Sutherlandthat includes test fires of the gun, or testimony about the gun's positionor location, is to be excluded.

Forestell did, however, allow some general evidence Sutherland gave about how this gun operatesand how it expelsgunshot 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 theCBC'slive blog coverage from inside the courtroom. On mobile and can't see it?View the live blog here.

adam.carter@cbc.ca