Once again, Dellen Millard’s lawyer waited until nearly the end of a day’s testimony before accusing Mark Smich of lying about his involvement in Tim Bosma’s murder.
“Tell the jury the very truth – all three of you were in the truck when Mr. Bosma was shot,” Nadir Sachak said Wednesday afternoon.
“That’s not true,” Smich replied.
Smich and Millard have both pleaded not guilty to first-degree murder. Both of them were arrested in May 2013, following the death of Hamilton resident Bosma.
Jurors have heard that prior to their arrests, both men claimed that the other was solely responsible for Bosma’s death.
The Crown disagrees, saying the two men worked together in carrying out the murder.
Bosma was allegedly shot while in his pickup truck – which Smich says Millard was in at the same time, while he followed in a second vehicle.
The Crown alleges that his remains were then burned in an animal incinerator at Millard’s hangar at the Region of Waterloo International Airport, after which the incinerator was taken to Millard’s farm property on Roseville Road in North Dumfries.
During cross-examination by Millard’s lawyers, Smich has denied suggestions that the gun used to kill Bosma was his, or that he shot Bosma.
Wednesday’s cross-examination began with Sachak questioning Smich about his relationship with ex-girlfriend Marlena Meneses.
Under questioning, Smich admitted to physically abusing Meneses on one occasion.
Meneses has previously testified that she aided Smich in selling drugs, including by using a “tricky scale” that let them rip customers off by giving them less marijuana than they were expected.
Smich denied all of those claims, by acknowledged a “complicated situation” in which Meneses would sell marijuana to her friends.
After a break, Sachak began questioning Smich about a test drive he and Millard conducted with another man prior to Bosma’s death.
The exchange grew heated, with the lawyer accusing Smich of deflecting blame “at every single opportunity.”
“I’ve said that’s what I’ve had to say, and that’s the truth,” Smich responded.
The cross-examination then moved on to May 6, 2013, the day of Bosma’s disappearance.
Smich agreed that his intent on that day was to “scope out” Bosma’s truck and home, to which he and Millard might later return to steal the truck.
After outlining how they approached Bosma’s home and how they were greeted, Smich agreed with Sachak’s assertion that he was wearing a red hoodie at the time, and said his hands may have been in his pockets.
“You had a gun in your red hoodie, that’s why your hands were in the pocket,” Sachak said.
“No, sir,” Smich responded.
Asked where the hoodie ended up, Smich said he didn’t know – listing off his mother’s house and Millard’s vehicle as two possible locations.
Sachak then used his questioning to suggest that there was something strange about Millard spending nearly a year trying to arrange a truck theft, then killing somebody inside that truck minutes after getting behind the wheel.
“It doesn’t make sense to steal a truck you desperately want and put a bullet through the window,” he said.
When Millard’s lawyers are done questioning Smich, the Crown will get its chance to do so.
Millard has opted not to testify in his own defence.
