Tim Bosma trial: Millard and Smich argued over Bosma's death, lawyer says

Dellen Millard's lawyer says that his client and co-accused Mark Smich got into a heated argument over Tim Bosma's death at Millard's airplane hangar after the shooting.

That allegation was one of Nadir Sachak's final points as he completed his marathon five-day cross-examination of Smich. Smich and Millard have both pleaded not guilty to first-degree murder in Ontario Superior Court in the death of Bosma, who disappeared May 6, 2013 after taking two men for a test drive in his pickup truck.

On Thursday, Sachak told the jury that he believes Smich killed Tim Bosma. 

In his testimony, Smich previously said that after Bosma was shot, he and Millard were at the MillardAir hangar at the Waterloo Airport. That's where the Crown alleges Bosma's body was burned in Millard's animal incinerator.

• Get the latest breaking news on this story. Download the CBC News app for iOS and Android
• Tim Bosma trial: Smich pulled gun and shot Bosma, Millard's lawyer says
• The Tim Bosma trial: Who's who in the courtroom

At one point, Millard left to get gas, Smich said.

"The reason Dellen left for that half an hour, was there was a really bad argument that took place at the hangar between you and Dell … that argument was about what had transpired on the highway," Sachak said in his cross-examination Friday.

Argument was heated, lawyer alleges

Smich completely denied that suggestion, as he has with the rest of Sachak's theory about how Bosma died.

"No sir, that did not happen," he said.

Sachak went on to say that Smich told Millard in this heated argument that Bosma's death wasn't his fault.

"Dell said 'what did you do, why did you mess this up?' ... and you said something along the lines of 'it's not my fault, he grabbed the gun,'" Sachak said, adding that Millard then took off to "cool down."

Smich again denied the argument took place.

Sachak has been building the case that Smich, rather than Millard, pulled the trigger on Bosma.  

He told the jury Thursday that while the three men were in the truck, Smich pulled out a gun and said, "We're going to take the truck," and Millard said, "Oh no."

"Mr. Bosma grabbed the gun that was pointing at him. At that point there was a struggle, and the gun was discharged ... I'm going to suggest to you Mr. Bosma was struck and the window was shattered," Sachak said.

Days after the Ancaster, Ont., father was last seen, investigators found charred human remains, believed to belong to Bosma, in a livestock incinerator on Millard's farm in Ayr, Ont. 

The Crown will begin its cross-examination of Smich on Tuesday.

The CBC's Adam Carter is in the courtroom each day reporting live on the trial. You can read a recap of his live blog right here. On mobile? Follow along here.