HAMILTON — An Ontario judge has told the jury in the trial of two men accused of killing Tim Bosma to disregard several statements made by the Crown and counsel as he began his instructions to the jury.
Justice Andrew Goodman has begun his two-day charge to the jury in the first-degree murder trial of Dellen Millard and Mark Smich, who have both pleaded not guilty.
Bosma vanished three years ago after taking two strangers for a test drive.
Goodman says the jury should disregard comments Crown attorney Tony Leitch made in his closing argument when he said Bosma should not be forgotten because they must decide the verdict based on evidence and not emotion.
The judge also says the jury shouldn't consider Smich's lawyer's comments about Millard not testifying in his own defence because that is Millard's right, and should not be held against him.
The jury is expected to begin deliberating at some point Monday when the judge concludes his instructions in the case, which began more than four months ago.
Smich told the jury Millard shot, killed and burned the Hamilton man's body.
Millard's lawyer said Smich accidentally shot Bosma after pulling a gun to try to steal the Hamilton father's truck.
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., burned beyond recognition.
