Mark Smich is shown with his girlfriend Marlena Meneses at Smich's sister's wedding, two days before he was arrested for Tim Bosma's death, on May 19, 2013 in a court exhibit photo released at the Bosma murder trial in Hamilton, Ont. THE CANADIAN PRESS/HO
Republished May 17, 2016 - 2:10 AM
Original Publication Date May 16, 2016 - 1:00 AM
HAMILTON - The cross-examination of one of the men accused of killing Tim Bosma three years ago continues today in a Hamilton court.
Under questioning Monday from his co-accused's lawyer, Mark Smich could not recall key details, including where he buried a gun he says was used to kill the Hamilton father.
Smich and Dellen Millard have pleaded not guilty to first-degree murder the death of Bosma, who vanished after taking two strangers on a test drive in a truck he was trying to sell.
Smich repeatedly insisted under intense cross-examination from Millard's lawyer — Nadir Sachak — that it wasn't his gun he buried in a forest somewhere in Oakville, Ont.
Smich said he couldn't remember details of how long he had biked to the forest where he has said he buried the gun, or even which direction he went.
Under questioning from Sachak, he only recalled wrapping the gun with tape, placing it in a plastic bag and burying it with a spade that was of "average size."
"Is this a gun burial induced amnesia?" asked Sachak of Smich's memory lapses. "You've forgotten every detail except that it's in a magical forest."
Smich also questioned the testimony of some previous witnesses.
Brandon Daly, Smich's friend, testified Smich told him it was his gun that he had received in a toolbox Millard owned.
"Absolutely not true," Smich said when asked if Daly told the court the truth about his statements.
Smich also said he didn't talk to Millard's girlfriend, Christina Noudga, the night Millard was arrested. Both she and Marlena Meneses, Smich's girlfriend at the time, have testified Smich spoke to Noudga, which set in motion a plan to get drugs out of Millard's house.
News from © The Canadian Press, 2016