Tim Bosma trial: Mark Smich must have buried gun in 'magical forest,' Millard's lawyer says

Mark Smich must haveburied the gun he believes was used to kill Tim Bosmain "some magical forest,"DellenMillard's lawyer suggested in court Monday because the accused killercan't rememberanything about where he left it.

DellenMillard's lawyer, Nadir Sachak, pressedMark Smich in a Hamilton court about thegun he buried thatcould have helped determine who actually shot Tim Bosma.

"Is this some gun burial-induced amnesia?" Sachak said. "You seem to have forgotten every detail except it's buried in some magical forest."

Sachak also pointed out to the jury that itwas Smich, not Millard, who buried the weapon.

• LIVE Tuesday:Tim Bosma trial: Cross-examination of Mark Smich continues
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• Mark Smich says he can't remember where he buried gun

"That gun was buried by you, not Mr. Millard," he said.

"That's correct," Smich said.

Smich, 28, of Oakville, Ont.,and Dellen Millard, 30, of Toronto, have both pleaded not guilty to first-degree murder.

The questioning about the gun marked a dramatic start to testimony in Ontario Superior CourtasSmichfaced cross-examination about his version of events of the2013 killing ofBosma, of Hamilton.

"You made a conscious decision to bury that gun,"Sachaksaid. "Under the shock, stress, paranoia, I made the decision, yes,"Smichresponded.

The accused had previously testified that a friend of Millard's gave him the gun along with a bag of marijuana after Millard's arrest. He said he was expecting the drugs, but was surprised to get the gun, suggesting to the court that he felt he was being framed by Millard.

In burying the gun, Sachak said, Smichgot rid of a key piece of evidence that could have helped exonerate him if he was telling the truth.

'Did you shoot Tim Bosma?'

Sachak also played portions of video from Smich'sinterrogation by Hamilton police. In the video, Smichlooks haggard, and is wrapped in a blanket.

"Where is that gun right now, Mark?" Hamilton police Staff Sgt. MattKavanagh asks in the 2013 video. "You can point me to evidence right now."

Smich would not look up, or respond to that question.

"Bring some peace to this family," Kavanagh said, to whichSmich didn't say anything.

"Did you shoot Tim Bosma, yes or no?" Kavanaghasked. "I need to speak to a lawyer," Smich responded.

In court, Sachak told Smich to"tell the jury how much you were trying to profit from the death of Mr. Bosma" by selling the gun. Smich was allegedly trying to get over $1,000 for the gun to pay for a lawyer, court heard.

"I wasn't trying to profit from the death of Mr. Bosma," Smich said.

"Why don't you tell Mr. Bosma and his mother how much their son's life was worth when you were trying to sell that gun?" Sachakcountered. "Like I told you, that wasn't a thought going through my mind," Smichsaid.

Smich says Millard pulled trigger

Last week, Smich told the jury his version of Bosma's last few hours, sayingMillardpulled the trigger and killed Bosma. He said he buried the gun in a panic after Millard was arrested, but can't remember where. He also said he did not help Millard put Bosma's body in a livestock incinerator, giving Millard the excuse thathe had a sore shoulder.

Smich previously testified that Bosma and Millard were in Bosma's truck and he was following behind in Millard's Yukon. Millard was driving the pickup and pulled over to the side of the road at one point. Smich said he got our of the Yukon and saw Millard exit the pickup putting something that appeared to be a gun in a satchel.

"He [Millard]just said, 'I'm taking the truck,' and goes and grabs some stuff from the back. When I got out, I walked around, and I seen a bullet hole in the window and Mr.Bosmalaying with his head against the dashboard," Smich told the court.

It was the first time the juryand Bosma's family members in court haveheard about what may have happened on May 6, 2013, after Bosma left in his pickup truck with two men who wanted to test drive the vehicle he was selling.

Noudgalied under oath, Smich says

Sachakpressed Smich for other details from around the time Bosma disappeared, but in most cases, he said he couldn't remember. Smich told the jury he didn't know how long he cycled from his mother's homewith the gun, if he passed any landmarks on the way, or where he stayed the night after he buried the gun.

"You didn't wake up at the Bosma residence, did you?" Sachak asked. "Absolutely not," Smich said.

As Smich continued testifying, Millard watched his onetime friend intently while taking notes. At one point, Smich called Millard's former girlfriend Christina Noudga "a liar." Noudga previously testified that she spoke to Smich on May 10, and that he was in a panic.

"So you're saying she lied under oath about talking to you?" Sachak said, and Smich said yes.

Bosma, 32, never returned to his home. Investigators later found charred human remains, believed to belong to Bosma, in a livestock incinerator on Millard's farm in Ayr, Ont.

At the the outset of the day, one of the jurors was excused because of the death of her brother, bringing the number of jurors down to 13. Only 12 jurors will deliberate on a final verdict.

CBC reporter Adam Carter is in court each day reporting live on the trial. You can view a recap of his live blog here.On mobile? View it here.

adam.carter@cbc.ca