Tom Dungey took centre stage as closing arguments continue at the Tim Bosma murder trial.
The lawyer for Mark Smich says his client is not the same person of three years ago.
Smich, 28, and Dellen Millard, 30, are on trial for the first-degree murder of 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.
Tom Dungey says his client is different now, “he’s in school, off drugs, and bettering himself”.
Dungey pointing out that Smich stayed consistent and never wavered in his testimony, “which rings of truth”.
Smich’s lawyer told the jury, “Millard has a split personality”.
Dungey focused on Millard’s perceived sense of entitlement and lack of empathy; adding, “he gets a kick out of doing criminal activity.”
Dungey did call his client “dimwitted” for not going to police after the murder, which he says was committed by Millard.
“[Smich] has a criminal record. He’s a weed dealer,” Dungey continued. “He doesn’t have the money or connections that Mr. Millard has; so he stupidly buries [the gun]”.
Smich was continually asked where he buried the murder weapon, but the co-accused claimed not to remember.
Dungey defended his clients claims of ignorance, saying Smich has nothing to lose by telling police where the gun is buried.
“The gun has both men’s prints on it”.
Smich testified that the gun was owned by Millard, but was dumped onto him after the events on May 6.
The Crown will wrap up the arguments on Thursday.