“Andrew Michalski is a liar”, charged Tom Dungey. “He’s lied to the police, to the court, to the jury, and now he’s lying on the stand”.
The lawyer for co-accused, Mark Smich, contests that it was not his client that directed Michalski to grab Smich’s toolbox, as Michalski testified.
“It was Dellen Millard. The friend you always protected.”
Michalski held his ground during Dungey’s hammering.
“This has nothing to do with Dellen Millard. That was all Mark Smich.”
Millard, 30, and Smich, 28, are on trial together for the first-degree murder of Tim Bosma, the Ancaster dad who disappeared May 6, 2013 after taking two men for a test drive in his pickup truck.
The Crown believes Bosma was shot point-blank in the truck and then incinerated.
The jury heard of an angry phone call that Michalski received on May 10 from Mark Smich, telling him to remove all drugs from Millard’s home.
Michalski says Smich instructed him to hand deliver “that thing” from Matt Hagerman, directly to him.
That “thing” was a tool box, that police say contained gun residue.
The men would discard all of the toolbox items into a shopping mall stairwell in Oakville.
Michalski met with police twice in May 2013 and never mentioned the tool box, because he “didn’t think it was significant”.
Smich’s lawyer, Tom Dungey, has tried to distance Smich from the tool box. Instead, suggesting Michalski is protecting Millard. The man who gave him the “good life”; flying helicopters, eating fancy meals and taking exotic vacations.
Being friends with Millard appears to have come with many perks, but would eventually lead to crime.
The first criminal activity carried out by Millard and Michalski was on “devil’s night”.
Drunk and high on drugs, Michalski says Millard was the driving force behind stealing plants from people’s property.
The “scores” got bigger, eventually the pair would steal a Bobcat.
Michalski admits that Millard never “needed” to steal, but did so for the thrill of it.