Tim Bosma trial: The beginning of the end
Jury has heard all the evidence in the case against Dellen Millard and Mark Smich
The cross-examination of accused murderer Mark Smich wrapped up this week, which means all of the evidence has been presented at the trial of the two men accused of the murder of Hamilton's Tim Bosma.
It was a short week of testimony. Smich faced tough questions on Tuesday and Wednesday from Crown attorney Craig Fraser, but the last question he answered came from his own lawyer, Thomas Dungey.
"Did you kill Mr. Bosma?" Dungey asked.
"No, I did not," Smich replied.
Smich, 28, of Oakville, Ont., and Dellen Millard, 30, of Toronto, have pleaded not guilty to first-degree murder in Ontario Superior Court.
On Tuesday, Fraser began his cross-examination of Smich. He accused him and Millard of planning all along to kill Bosma in order to steal his pickup truck, and then burn the body.
Bosma, who was from the Ancaster area of Hamilton, disappeared May 6, 2013, after going on a test drive with Smich and Millard in a pickup truck he was trying to sell.
It was the eighth day in the witness box for Smich and Fraser focused on key pieces of evidence that suggested months of planning went into the murder and the efforts to cover it up.
"The plan that you and Dellen Millard had was to steal, was to kill, and was to burn," Fraser said in court, adding it was a plan executed with "chilling perfection."
"No sir," Smich said.
Fraser listed all the ways that Smich had destroyed evidence related to the Bosma case, including hosing down and stripping the dead man's truck interior, before burning the pieces.
"It's the two of you doing it, working together to cover up a crime," Fraser said. "Essentially, that is correct sir," Smich said.
On Wednesday, Fraser referred back to the testimony of Smich's girlfriend, Marlena Meneses. The woman testified that Smich and 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.
What's next
Fraser also 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 a 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.
Fraser continued to push Smich, saying he was fully involved in the planning and execution of Bosma's death. He also listed all of the witnesses who Smich has said lied or were mistaken about details.
Smich acknowledged that he helped destroy evidence, but testified that he was not directly involved in Bosma's killing or incineration. He alleged the plan was just to steal his truck.
Though the presentation of evidence is complete, the trial is not over. 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 Tuesday, May 31.