Tim Bosma trial: Mark Smich's story 'makes no sense,' Dellen Millard's lawyer says

The story Mark Smich told about how Tim Bosma died that gripped a Hamilton courtroom last week "doesn't make any sense," say lawyers for Smich's co-accused, Dellen Millard.

Smich's cross-examination stretched into its third day at the Bosma murder trial Wednesday, as Millard's lawyer, Nadir Sachak, attempted to discredit Smich's version of events from the night Bosmadied.

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Smich previously testified that Millard was the one who shot Bosma and then burned his body in a livestock incinerator.

In the witness box Wednesday, Smich agreed when Sachak said that Millard showed up at the Bosma home without any attempt to disguise himself.

That, along with several other factors, didn't sync up with his client's usual MO when planning to steal something, Sachak said.

It must be so difficult for theBosmafamily to hear this.- Nadir Sachak, Dellen Millard's lawyer

"Not a very good plan, you'd agree with me, to show your face to everybody," Sachak said.

"You'd agree with me that this is the stupidest plan Mr. Millard could ever have," hesaid effectively suggesting that his client was too smart to have gone about committing a crime in the way Smich described.

Smich, however, was steadfast, and maintained that Millard shot Bosma while he was driving Bosma's pickup truck, and Smich was following behind in Millard's SUV.

"That's what happened," he said.

Truck a 'killing scene,' lawyer says

Smich, 28, of Oakville, Ont., and Millard, 30, of Toronto have both pleaded not guilty to first-degree murder. They are being tried before a jury in Ontario Superior Court.

Smich had previously testified that Millard was "scoping out" diesel Dodge trucks for about a year, but before Bosma died, he became more "desperate" to steal a truck.

"According to your evidence, the man who is so desperate for a diesel truck, turns a diesel truck into a killing scene," Sachak said, and Smich agreed.

"He has, in essence, destroyed the very item he was so desperate to drive away with, according to your version of events," Sachak said, adding 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 scene of "blood and gore," inside the truck.

Smich, however, said losing the carpet and seats wouldn't have mattered to Millard.

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"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."

No walkie-talkies or lookouts

Sachak also pointed out other methods Millard would sometimes employ when looking to steal something like walkie-talkies and lookouts. None of those were used on the night that Bosma died.

"All three of you were in the truck when Mr. Bosma was shot," Sachak said, but Smich countered that that isn't true.

Sachak has not presented a clear theory as an alternate to Smich's story, other than to say that Smich was the one who shot Bosma.

In his version of the night Bosma died, Smich told the jury that shortly after leaving Bosma's home, Millard said that he received a text from a fictitious "friend" who he said dropped them off at the Ancaster home. He said the friend was planning to go to a Tim Hortons, but was lost.

Smich said Millard then drove Bosma's truck to where they had left Millard's SUV on a small dirt road, and said to Smich that he should get out, get in with the "friend" and follow behind the truck, so they wouldn't need to go back when the test drive finished.

Sachak said that was "one pretty bad cover story."

"Does Mr. Bosma ask what's going on?" Sachak asked. Smich said no, and added that being asked to get out and into the SUV didn't seem odd to him.

"Dell does lots of random things," Smich said.

"You didn't have a licence though," Sachak said, and Smich agreed. "[Millard] has given me the keys to his vehicle before to drive," he said.

The lawyer alleged there was never a conversation about a friend being lost at all. "That did not happen." Sachak said.

Smich denied that.

Cadillac as payment for truck theft?

Sachak alsoagain made the allegation that Smichwas the one who was pushing to steal a truck, because he was expecting a Cadillac car Millard owned as payment if they were successful.

Millard's lawyer said that in a statement to police, Smich's mother said her son was worried that he would "never get the car."

"Did you tell your mom, that when Dell got arrested, you wouldn't get the car?" Sachakasked. Smich saidhe wouldn't have said those words.

Sachakhad Smich review his mother's statement to police, and asked if that refreshed his memory.Smich said it didn't.

"You saw a big perk, a Cadillac, at the end of a successful theft of a truck," Sachak said, to which Smichresponded, "absolutely incorrect."

Sachak's cross-examination of Smich will continue on Thursday.

CBC reporter Adam Carter is in the courtroom each day reporting live from the trial. You can read a recap of his live blog here. On mobile and can't see the live blog? View it here.

adam.carter@cbc.ca