All eyes will be on a Hamilton courtroom Wednesday as the lawyer representing one of the accused in the Tim Bosma murder case begins presenting defence arguments.
Mark Smich’s lawyer has said he’ll call evidence and it’s believed there will be at least one witness who testifies although it’s not known who it will be.
The lawyer representing Smich’s co-accused, Dellen Millard, has said he’s elected to call no evidence and Millard won’t testify in his own defence.
London lawyer Aaron Prevost tells AM980 Millard’s team may not know what Smich has planned.
“As defence counsel representing a separate individual, you’re not obligated to share your defence with anyone until the time that it’s offered on the stand,” Prevost says. “Now generally speaking when you’re in a co-accused case it is certainly my view that it’s best to be on the same page with the other defence counsel in terms of what would be said, but that may not be the case in this particular situation.”
As for whether Smich will be put on the stand remains a question. Prevost says there’s been some damaging evidence presented and while an accused is never obligated to testify, sometimes trying to provide an explanation can be beneficial.
“It just depends on what (Smich) has to say, what the theory of the Crown is, whether or not he actively assisted in the murder or whether or not he helped afterwards or helped plan it,” Prevost says.
No matter the decision, Prevost says it will be a tough call for Smich’s lawyer to make.
“It just really depends on what the theory of the Crown is and how the evidence has come out against him.”
Tim Bosma disappeared three years ago on May 6, 2013 after taking two strangers on a test drive in a truck he was trying to sell online. His remains, burned beyond recognition, were found a week later.
Dellen Millard and Mark Smich are charged with first-degree murder in the case and both have pleaded not guilty.