HAMILTON — The prosecution in the Tim Bosma murder trial says the jury doesn't have to decide who pulled the trigger because both of the accused planned to kill the Hamilton man and cover up the crime.
Crown prosecutor Tony Leitch says in his closing arguments that only three people know what happened on May 6, 2013 when Bosma vanished after taking two men for a test drive in his truck — and one of them is dead.
Dellen Millard, 30, of Toronto, and Mark Smich, 28, of Oakville, Ont., have pleaded not guilty to first-degree murder in Bosma's death.
Leitch says Millard and Smich meticulously planned for more than a year to kill the owner of a Dodge Ram pickup truck that Millard wanted to use to drive to an off-road race in Mexico.
He says the pair also planned for a year to get rid of the body by burning it in an animal incinerator Millard had bought for $23,000.
The Crown also argues that the jury doesn't have to decide why Bosma was killed, saying killers are not always rational.
"Sometimes people commit crimes and we just don't know why," Leitch told the jury on Thursday. "So long as they planned to murder Tim Bosma and the other one helped to carry out the plan, they are both guilty in the eyes of the law."
Smich has testified that it was Millard who shot and killed Bosma and burned his body in the incinerator.
Millard's lawyer says it was Smich who accidentally shot Bosma in the truck during a botched robbery.
