Tim Bosma trial this week: The cross-examination of Mark Smich
WARNING: This story contains graphic language
Accused killer Mark Smich spent the entire week at the Tim Bosma trial in Hamilton being cross-examined by the lawyer representing Dellen Millard, his co-accused.
Nadir Sachak's questioning of Smich focused mostly on his testimony about what happened the night Bosma died after taking two strangers on a test drive of a pickup truck he was trying to sell. And who shot the father of one.
Smich testified that he wasn't in the truck when Millard shot Bosma, but in previous testimony about text messages Millard sent to his girlfriend at the time, he indicated Smich was the shooter.
Smich, 28, of Oakville, Ont., and Millard, 30, of Toronto, have both pleaded not guilty to first-degree murder.
Bosma vanished on May 6, 2013, never returning from the test drive. Investigators later found charred human remains, believed to belong to Bosma, in a livestock incinerator on Millard's farm in Ayr, Ont.
Millard has chosen not to testify at the trial.
Smich previously told the jury that he was surprised a friend of Millard's gave him the gun, which he believed was the one used to kill Bosma, after the aviation heir was arrested. He said he panicked and buried it in a forest in Oakville, but couldn't remember where.
Sachak suggested that he must have buried the gun in "some magical forest."
"Is this some gun burial induced amnesia?" Sachak asked in court Monday. "You seem to have forgotten every detail except it's buried in some magical forest."
Violent rap lyrics
On Tuesday, the jury heard that Smich wrote rap lyrics about killing people and running from the police. Sachak displayed some of the lyrics for the jury to see.
"Get slapped with my gun hand muthaphuka! Leave you dead, with some contraband muthaphuka!" Smich wrote.
"My 380 is NO stranger, when Im angered you're in danger."
"You know what the word slapped means on the street?" Sachak said. "You know for a fact that slapped is street slang for murder and kill."
Smich said no, and maintained that his lyrics were just an artistic expression.
"It's rhyme sir," Smich said. "It has nothing to do with reality."
Sachak also showed the jury a video of Smich rapping.
The accusation
Sachak told the jury mid-week that Smich's story "doesn't make any sense." He continued to attempt to discredit Smich's version of events from the night Bosma was killed.
Sachak said that Millard "has, in essence, destroyed the very item he was so desperate to drive away with, according to your version of events," and added that the truck's carpet and seats had to be stripped out because of all the blood.
"It must be so difficult for the Bosma family to hear this," Sachak said, after describing the bloody scene inside the truck.
Smich, however, said losing the carpet and seats wouldn't have mattered to Millard.
"Dell's vehicles, what he prefers in his vehicles is leather seats and no carpets," Smich said. "The carpets and the seats would've been changed anyway."
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Tim Bosma trial: Mark Smich's story 'makes no sense,' Dellen Millard's lawyer says
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Tim Bosma trial: Smich pulled gun and shot Bosma, Millard's lawyer says
The testimony during the week built to an accusation on Thursday. Sachak told the jury that Smich, not Millard, was the one who pulled the trigger and shot Bosma after a struggle broke out inside the Hamilton man's truck on a highway.
It was the first time Sachak presented his narrative as to what he believes happened on the night Bosma died.
While on the highway, Sachak suggested, 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. Smich denied all of that outright.
The argument
On Friday, Sachak suggested there was an argument between Smich and Millard at the Millardair hangar in Waterloo, Ont., after Bosma was shot.
Sachak went on to say that Smich told Millard during the 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 denied the argument took place.
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 his blog starting at 10 a.m. ET on Tuesday.