Tim Bosma trial

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The second day of closing arguments in the Tim Bosma murder trial has wrapped up and today a jury was told that no-one in their right mind would kill someone to steal a truck. That was the gist as the second of two defence teams presented their final pitch.

Mark Smich’s lawyer Thomas Dungey, agreed that co-accused Dellen Millard did not act like a man who was about to commit murder on May 6, 2013 but Smich’s lawyer says that’s because Dellen Millard isn’t like most men. He’s a lunatic, like Mark Smich testified on the stand.

Dungey says Dellen Millard used everyone around him, including his mother who had Tim Bosma’s truck dumped on her driveway and his girlfriend, who he asked to obstruct justice and tamper with witnesses. Dungey says only a lunatic, with a faulty mind that could snap could do something like murder for a truck.

Mark Smich gave the only evidence about what happened on the night Tim Bosma was killed. He spoke under oath, any other scenario the jury heard was just a suggestion, Smich’s lawyer told the jury and in 7 days of cross examination, the learned lawyers of the court could not get him to change his story.

The crown believes Tim Bosma was shot in a field just around the corner from his house, but Dungey says that doesn’t make sense. No forensic evidence was found there and if Tim Bosma was shot when all three were in his truck and then Mark Smich was directed to get out and follow in the Yukon, he would have left DNA and gunshot residue somewhere in the Yukon.

Smich says he thinks Bosma was shot when Millard pulled erratically over in front of Bobcat of Brantford. Bosma’s phone was found nearby, he says he spent that 14 minutes in shock at seeing Bosma slumped against the dash and changing the truck license plates, at Millard’s direction.

Dungey then read from letters Dellen Millard wrote to his girlfriend Christina Noudga while in jail. He asks her to be an alibi, to help him frame Mark Smich, to tamper with evidence and convince other witnesses to change their testimony. They are evidence of what Dungey called Millard’s demonic, devious mind.

As for Smich’s rap song, Dungey says he listens to opera and that’s violent too, but it doesn’t mean Verdi was violent. To say rap is other than artistry, is an insult to all rappers. Dungey then finished with Millard’s arm tattoos, “I am heaven sent” and “don’t you dare forget”. That’s what he thinks of himself, Dungey said.I’m Millard, I can do anything, I can kill with impunity.

One thing Smich and Millard do agree on is that there was no plan to murder Tim Bosma, they accuse each other of causing the “accident”. Tomorrow the crown will close its case.