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Judge instructs jury in Babcock case about "complex" body of circumstantial evidence

Last Updated Dec 7, 2017 at 1:55 pm EDT

Dellen Millard delivers his closing submissions at the Laura Babcock murder trial on Dec. 5, 2017. CITYNEWS/Marianne Boucher

The judge at the trial of two men accused of killing a young Toronto woman five years ago and then burning her body is instructing the jury on how to deal with circumstantial evidence.

Justice Michael Code began his 300-page charge to the jury this morning in the first-degree murder trial of Dellen Millard and Mark Smich in the presumed death of 23-year-old Laura Babcock, whose body has not been found.

The judge says the case hinges upon a “large and complex” body of circumstantial evidence about two main issues: whether Babcock is dead and whether Millard and Smich caused her death from an unlawful act.

The prosecution alleges Babcock was killed in the summer of 2012 after becoming the odd woman out in a love triangle with Millard and his girlfriend, Christina Noudga.

Millard, 32, of Toronto and Smich, 30, of Oakville, Ont., have pleaded not guilty and both have said the Crown has not proved that Babcock is dead.

The judge told the jury his instruction will last multiple days before they can begin deliberating.