Tim Bosma trial: Jury has now heard all evidence — trial resumes Tuesday
Mark Smich maintains prosecutor is wrong, says he wasn't present when Bosma shot
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- The trial schedule has been revised. The jury will now be back on Tuesday May 31 not June 1.
After a gruelling four months, the jury has heard the entirety of the evidence at the trial of two men accused of killing Hamilton man Tim Bosma.
The cross-examination of Mark Smich concluded Wednesday afternoon.
Smich's lawyer, Thomas Dungey, finished his re-examination with one question for his client.
"Did you kill Mr. Bosma?" Dungey asked.
"No, I did not," Smich said.
Prosecutor Craig Fraser ended his cross-examination on a very different note. He referred back to the testimony of Smich's girlfriend Marlena Meneses, who Smich has agreed was a good, honest person.
Meneses testified that Smich and his co-accused, Dellen Millard, were "celebrating" when they picked her up the morning after Bosma, 32, was killed.
Fraser said that's because Smich and Millard were "celebrating the death and incineration of another human being." Smich denied that.
Smich, 28, of Oakville, Ont., and Millard, 30, of Toronto, have pleaded not guilty to first-degree murder in Ontario Superior Court.
Here's what's next
Though the evidence is complete, the trial is not yet finished. All of the lawyers will now meet with Justice Andrew Goodman for a two-part "pre-charge conference" before closing arguments and Goodman's charge to the jury.
The lawyer's closing arguments to the jury will begin on Wednesday, June 1.
Earlier in the day, the Crown alleged that Bosma was shot in a field just minutes away from his home, and both Millard and Smich were in on the plan.
Fraser told the jury the Crown's theory is Bosma was shot in a field just around the corner from his rural home in Ancaster, Ont., shortly after leaving his house with Millard and Smich to take them on a test drive of a pickup truck he was trying to sell.
Bosma never returned from that May 6, 2013, test drive.
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- Tim Bosma trial: Millard and Smich argued over Bosma's death, lawyer says
Fraser recalled the testimony of witness Rick Bullman, who told the jury back in February that he saw a truck and another vehicle pulling out from the laneway his father owned near the Bosma property on May 6, 2013.
"He saw two vehicles coming out of that field … you know why they were in that field? Because that's where you and Mr. Millard shot and killed Tim Bosma," Fraser said.
"That's not what happened sir," Smich responded.
In his cross-examination, Fraser continued to hammer home the Crown's theory that Smich was fully involved in the planning and execution of Bosma's death. He forced Smich to acknowledge all of the ways he helped destroy evidence related to the case, and listed all of the witnesses who Smich has said lied or were mistaken about details.
Smich, by contrast, testified that he was not directly involved, and that the plan was just to steal Bosma's truck.
Coincidence or plan?
In previous testimony, Smich told the jury that he and Millard never drove Bosma's truck into a field. Rather, he said, they stopped the truck on the side of the road, Smich got out, and then followed behind Millard and Bosma in Millard's SUV.
Fraser noted that according to that testimony, Bosma was in the front passenger seat, and they would have driven past Millard's SUV in the empty field.
"Past the Yukon with its lights out and nobody in it. If you're Mr. Bosma and you're sitting in that passenger seat, you'd see that parked blue Yukon with no lights and nobody in it," Fraser said.
"Don't you think if he saw that, he would know something was really, really wrong?"
Smich said that it was dark out, and that the Yukon had tinted windows. He also testified that Millard had left the keys to the SUV in the cupholder.
"So he leaves it wide open and leaves the keys there?" Fraser asked. "This was a common thing that he did," Smich said.
"Coincidence or plan, Mr. Smich?" Fraser shot back.
Smich previously testified that he first saw Millard with a gun and Bosma's body after he swerved off the road near Bobcat of Brantford, which was caught on security camera video and shown in court.
Fraser also presented another theory. "Mr Bosma was killed in that field, and you two had to do some repositioning of the body at Bobcat of Brantford," he said. Smich said no, that wasn't the case.
'That was the choice you made'
Fraser also said that Smich made the conscious choice to follow Millard to his farm, and then to the hangar where Bosma was burned.
"You followed him sir, that was a choice you made, because it was part of the plan," Fraser said. Smich again said no.
"I couldn't come to terms with the reality of the situation of the time," Smich said. "These are words, excuses and justifications Mr. Smich," Fraser responded.
Fraser also displayed several text messages in court that were sent between Millard and Smich in the days after Bosma's death.
In the messages, Smich sometimes refers to Millard as "bro," and also is the one to initiate conversation on several occasions.
"There is no hint of disinterest on your part," Fraser said about the texts. "It's a clear expression of comfort with Mr. Millard."
Steadfast, Smich again said no. "I was scared, and didn't want to be involved in the situation."
On May 10, Millard texted Smich and said, "retooled for stormy weather, all clear, getting some sleep now." The Crown says Millard sent this text after moving Bosma's truck to his mother's house, moving The Eliminator livestock incinerator, and passing off a gun in a toolbox to Matt Hagerman.
"You knew what was going on, you just wanted a progress report," Fraser said to Smich — who again, denied that was the case.
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? View it here.
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