Millard 'twisted and cold-blooded,' Smich's lawyer says in closing argument
Published Wednesday, June 1, 2016 10:44AM EDT
Last Updated Wednesday, June 1, 2016 6:36PM EDT
Mark Smich is “no boy scout,” but that doesn’t make him guilty of murder, his lawyer argued Wednesday.
Thomas Dungey presented his final argument to jurors at the murder trial of Smich and Dellen Millard, both of whom have pleaded not guilty to murder in connection with the death of Tim Bosma in May 2013.
The two men are accused of shooting Bosma moments after leaving his Hamilton home, purportedly to test drive a truck he was selling.
The Crown contends that Bosma’s remains were burned in an incinerator housed at Millard’s hangar at the Region of Waterloo International Airport, then moved to a Millard-owned farm property in North Dumfries.
Tuesday, jurors heard the final argument from Millard’s lawyer, Ravin Pillay.
Pillay told the court that the events of May 6, 2013, showed no evidence Millard was planning anything more than a truck theft. He claimed that Smich pulled out a gun, independent of Millard’s own plan for the night, and shot Bosma when the Hamilton man reached for the weapon.
Smich has testified that he did not kill Bosma, and was actually following Bosma and Millard in a second vehicle when the shooting occurred.
Dungey picked up on that theme Wednesday, arguing that his client was being unfairly blamed for the actions of Millard, whom he called a “lunatic … twisted and cold-blooded.”
Smich’s testimony contained “the truth and nothing else,” Dungey said.
At one point, Dungey questioned why Millard would have taken Bosma’s body to burn it if he hadn’t had a hand in killing Bosma.
After a lunch break, Dungey turned his attention to security video shown to jurors, in which a truck similar to Bosma’s is seen leaving Hamilton in the direction of Brantford, a truck similar to Bosma’s is seen travelling in the other direction a few minutes later, and a truck similar to Bosma’s is seen again Brantford-bound on Highway 403 a few minutes after that – followed by a second vehicle similar to one of Millard’s.
An expert testified that the three vehicles shown in the video were all “consistent” with Bosma’s, but could not say with absolute certainty that they were the same.
Millard’s lawyer claims the video refutes Smich’s suggestion that he was in a different truck when the trigger was pulled – a claim Dungey dismissed Wednesday as “just a theory.”
As Dungey made his argument, neither Millard or Smich showed any outward emotion.
Millard regularly took notes, as he has for most of the trial.
When the day finished, Smich was seen smiling.