The judge in the trial for two men accused of murdering Tim Bosma said a question asked by jurors deliberating the verdict may have been a “misapprehension” of the evidence.

Speaking to the court on Tuesday morning, the lawyer for Dellen Millard, one of the two men accused of killing and incinerating Bosma, said he was concerned about a question the jurors posed Monday night relating to when Bosma went to fill up his truck with gas.  

The question came just hours after Justice Andrew Goodman wrapped up his legal instructions and the jurors began deliberating. 

At around 8 p.m. Monday, the jury inquired about Sharlene Bosma’s testimony relating to the night her husband went missing. The jury mentioned a comment that they said was made about Tim filling up his truck with gas. They inquired about what time that may have taken place. 

In his submissions to the judge, Pillay said there was never any evidence presented during the trial that suggested Bosma went to get gas on the night he disappeared. 

"My concern is that the jury is considering that this may be related to trip one on the SuperSuckers video,” Pillay said. 

Video surveillance footage taken from the SuperSuckers business was evidence the Crown presented at trial that allegedly shows the movements of Bosma’s truck on the night he disappeared. 

After reviewing the relevant testimony, the judge said that he too came to the conclusion that no such evidence was presented at trial. 

"There is no evidence that Tim Bosma went to fill up the truck with gas on May 6, 2013,” the judge said to the jury. 

Dellen Millard, a 30-year-old resident of Toronto, and his co-accused, 28-year-old Mark Smich, have pleaded not guilty to first-degree murder in connection with Bosma’s death. 

Bosma disappeared from his Ancaster home in May 6, 2013 after taking two men to test drive his pickup truck.

The Crown alleges that Bosma was killed in a planned and deliberate attack by the two accused, who allegedly intended to steal a truck, kill its owner and burn the body in an incinerator.

The jury is continuing to deliberate Tuesday.