HAMILTON — An Ontario judge has told jurors to disregard portions of an accused's version of events in the trial of two men alleged to have killed a stranger who took them out for a test drive in his pickup truck.
Justice Andrew Goodman says in his instructions to the jury there has been no evidence presented in the case to support a part of Dellen Millard's theory of what happened to Tim Bosma on May 6, 2013.
Bosma disappeared after taking two men for the test drive. His remains were found days later burned beyond recognition.
Millard, 30, of Toronto, and Mark Smich, 28, of Oakville, Ont., have both pleaded not guilty to first-degree murder charges.
Millard's lawyer, Ravin Pillay, told court in his closing arguments that Smich accidentally shot Bosma after pulling a gun on a nearby highway to try to steal the Hamilton father's truck.
Goodman says there has never been evidence of that theory presented in court and so the jury must not consider it when it begins deliberations, expected to start later today.
Smich has testified that Millard shot and killed Bosma and later burned his body in an animal incinerator.
The Crown alleges the pair meticulously planned to steal a pickup truck, shoot and kill its owner and incinerate the body.
Bosma's remains were found near Waterloo, Ont.
