Dispatches from the Tim Bosma murder trial: Day 2

Court resumes at 1 p.m. today February 2.

The Bosmas’ tenant Wayne De Boer will return to the witness box to pick up where he left off yesterday.

Did you know in Canada we’re supposed to call it the witness box and not the stand? I think an argument can be made for stand, however, so as not to confuse it with prisoners’ box if you’re just talking about “the box” as lawyers often do.

Both the accused, Dellen Millard and Mark Smich, are pleading not guilty.

Update: What happened in court

Compared to Day One, today was more low key.

Witness Wayne De Boer was cross examined by Millard’s lawyer Ravin Pillay and Smich’s lawyer Tom Dungey. What follows are snippets of dialogue not a transcript-style reproduction. I have just picked and highlighted some interesting exchanges.

“The first guy came forward, made eye contact, and you felt you could trust him, right?” asked Pillay referring to his client’s behaviour on the night of the fatal test drive.

“Yes, as much as you can trust a stranger, yes,” replied De Boer.

“The other guy didn’t make eye contact, hung back, concealed his face and body, right?” asked Pillay, this time about Mark Smich.

De Boer agreed with his assessment.

Then, Tom Dungey, who had declined to cross examine Sharlene Bosma, headed to the lectern to question De Boer.

“The tall guy was really control of situation at all times?” he asked.

“From what I could see, yes,” answered De Boer.

“Did he leave you with impression he wasn’t there to buy truck?” Dungey asked.

“I can’t be sure,” said De Boer.

“You had some hesitation to what was going on, did you not?”

“Yes, the situation had an odd feel to it.”

Dungey asked De Boer if he found it odd that the tall guy didn’t want to move the truck to better view it in the light from the garage.

“It was a mixture of that and body language of (Mark Smich) and the speed at which the entire interaction happened.” said De Boer.

The cross examination concluded.

After that we heard from a friend of Tim Bosma’s and two police witnesses.

The friend described a visit with Tim in the early hours of the evening he went missing and how, during it, Tim was contacted by the prospective truck buyer.

The first officer traced the provenance of a phone involved in the case. It was a Huawei U2801 purchased at Mobile Tech in Etobicoke on March 11, 2013. The name given by the buyer was Lucas Bate and the number was 647 303 2279. No surveillance footage was available as the store only had video going back to April 1.

The second police officer was a fingerprint expert who gave a full CSI explanation of fingerprint matching and detailed how he matched a right thumb fingerprint on the rearview mirror to Dellen Millard’s right thumb.

The trial continues tomorrow morning at 10 a.m.

I’ve replaced my opening statement notes from yesterday with the Crown’s full address. It’s a really well written outline of the case which gives a good idea what to expect at the trial.

Throughout the trial I will be providing regular updates, including the occasional tweet, as I work on my upcoming book on the Tim Bosma case. You can follow my Twitter feed or sign up for my newsletter.

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