Tim Bosma trial: Millard won't testify, no word on Smich

Legal counsel for accused killer Dellen Millard announce in court that their client will not testify at the trial of the two men accused of killing Hamilton man Tim Bosma.

Mark Smich's lawyers will call evidence, unclear if Smich himself will testify

Dellen Millard, left, and Mark Smich, charged with first-degree murder, are shown before Justice Andrew J. Goodman in Hamilton on Jan.18 during the jury selection process for the Tim Bosma trial. Millard and Smich have pleaded not guilty. (Alexandra Newbould/Canadian Press)

Legal counsel for accused killer Dellen Millard announced in court Monday that their client will not testify at the trial of the two men accused of killing Hamilton man Tim Bosma. 

Millard's lawyer Ravin Pillay said he is not calling any witnesses at all. The accused is not compelled to testify, even at a murder trial.

Lawyers for Millard's co-accused, Mark Smich, said they will call evidence at the trial.

Smich's lawyer Thomas Dungey did not specify whether Smich himself would testify. Dungey cannot call Millard as a witness.

The trial will resume on Wednesday morning.

Millard, 30, of Toronto, and Mark Smich, 28, of Oakville, Ont., have been charged with first-degree murder, and have pleaded not guilty.

Bosma, 32, who lived in the suburban Ancaster area of Hamilton, vanished on May 6, 2013, after taking two men on a test drive in a pickup truck he was trying to sell. ​Monday marks three years to the day since Bosma's wife, Sharlene Bosma, made a tearful plea for his safe return during a press conference at Hamilton police headquarters.

Investigators later found charred human remains, believed to be Bosma, in a livestock incinerator on Millard's farm in Waterloo, Ont.

After Monday morning's announcements about who will testify, Justice Andrew Goodman excused the jury until Wednesday morning as Smich's lawyers prepare their defence. 

Goodman reminded the jury they haven't yet heard any defence or his final charge. "You are not to make any final determinations or conclusions until all that is complete," Goodman said.

The trial is entering its fourth month, and with the announcement that Smich's legal team will call evidence, it's expected the trial will continue for at least another two weeks. 

After Smich's defence wraps up, both the defence and the Crown will give closing statements. Then there will be a pre-charge conference before Goodman gives his charge to the jury as to the evidence they will consider.

After that process, the jury will be asked to deliberate on a verdict.

The CBC's Adam Carter is reporting live from court each day. Read a recap of his live blog below. On mobile? Follow along here.


About the Author

Adam Carter


Adam Carter is a Newfoundlander who now calls Toronto home. He enjoys a good story and playing loud music. You can follow him on Twitter @AdamCarterCBC or drop him an email at adam.carter@cbc.ca.