Crown suggests man killed, disposed of neighbour at barbecue smoke trial – Toronto
A fiery cross-examination occurred on Monday at the trial for a Liberty Village man charged with the second-degree murder of his upstairs neighbour three years ago.
Crown counsel Anna Tenhouse suggested to Khoa Tran that he knew exactly what happened when his upstairs neighbour, 53-year-old Reeyaz Habib, disappeared.
Two days before Habib was reported missing on June 8, 2023, a decomposing body was found in the garbage compactor of the Liberty Village condominium complex where Tran lived with his wife, Quynh (Isabelle) Nguyen. Habib, a filmmaker who lived alone, had a unit directly above the married couple.
At the time of the murder, a woman named Linh Hua was staying with Tran and Nguyen in their one-bedroom condominium.
Tran told Tenhouse that after hearing screams for help in the early morning hours of June 6, 2023, coming from upstairs, he assumed it was Habib but did not know for sure and assumed he was filming.
“Did you really believe it was filming,” Tenhouse asked.
“Yeah, I believed it was filming or a mental health crisis. In my mind, it was probably closer to a mental health crisis but I couldn’t rule out the possibility of a film being made,” said Tran.
Tran has admitted that after having a chat over coffee with Habib in his condominium on June 1, 2023, he was very angry and had thrown out Habib’s bicycle. During the coffee chat, Tran said Habib had suggested he was trafficking Hua and Habib threatened to have him thrown out of the condominium by telling people he was using a propane barbecue.
Tran has testified the smoke from his charcoal barbecue, which was permitted, would waft into Habib’s apartment and made Habib upset.
“I was worried police weren’t going to do their investigation, listen to the rumours and try to pin it on me. I had thrown away his bicycle,” said Tran. “As terrible as it was, it is something that was suspicious but I certainly did throw away the bicycle.”
Tran said the rumours were related to the fact that one neighbour reported seeing Tran walking out of Habib’s condo and locking his door on the morning of June 7 before entering Tran’s condo.
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Tran said he deeply regrets throwing out Habib’s bicycle, adding, “Knowing what happened to him, he doesn’t deserve any of this.”
He said he called Habib’s accusations that he was trafficking Hua “heinous and deplorable,” but told court he chalked it up to a mental health crisis.
“99.9 per cent of the interactions I had with him were good. I still believe he was just going through some things,” Tran said.
“I don’t think the barbecue was the issue. He had anger issues inside of him but he used the barbecue as his platform.”
Tenhouse then suggested Tran knew exactly what happened to Habib.
“You killed him. You beat hin,” said Tenhouse.
“I did not,” replied Tran.
“And then you returned to your condo. Everyone was sleeping. You woke then up in the middle of the night,” said Tenhouse.
“Yes, people were sleeping,” Tran replied.
“You let Isabelle know the plan was complete,” Tenhouse continued.
“No,” said Tran.
“Mr. Habib would never bother you again,” Tenhouse added.
“I can’t answer that,” Tran said.
“He would never threaten to remove you again,” said Tenhouse.
“I can’t answer that. I didn’t hurt him,” Tran replied.
“You could barbecue again,” Tenhouse stated.
“I’ve never barbecued again,” said Tran.
“You knew Linh Hua left for work the next morning on the seventh. You and Isabelle began the cleanup,” Tenhouse suggested.
“I reject that,” said Tran.
“The cleanup in Mr. Habib’s home. You could come and go without Linh seeing you. You started in the bedroom and then you moved to the living room and you put up sheets on the windows,” Tenhouse said.
“No, no, no,” said Tran, interjecting.
“Sheets from Mr. Habib’s bed. And that was because Mr. Habib was known to work in the window,” Tenhouse added.
“No,” said Tran again.
“June 8th was the last of your cleanup. Between 3:55 and 4:55 on June 8th, you disguised yourself. You went into the underground. You put on Mr. Habib’s hat and mask and used his fob. You disposed of the fire extinguisher, and this is where the chair came in. I’m going to suggest you moved the body on two chairs. Isabelle’s chair and the second-hand chair you brought into the condo after the murder. Those chairs had wheels?” said Tenhouse.
“Yes,” Tran replied.
“And the second-hand chair no longer exists?” asked Tenhouse.
“I don’t believe so,” Tran replied.
“And there was a worn-out chair of Isabelle’s in the underground?” said Tenhouse.
“Similar,” Tran responded.
“You got rid of the tennis racquet, computer, bike, you threw out the chairs, you wrote two notes, you placed them on the wrappings you placed around his body. The body was so heavy, you needed help to put it in the dumpster. When no one did it, you and Isabelle did it together,” Tenhouse suggested.
“You threw out Mr. Habib the way you threw out his bike. It was the last vengeful act towards a neighbour you did not like. A neighbour with whom you had a motive to murder,” Tenhouse concluded.
Tenhouse asked Tran why he didn’t call Habib the next day after hearing screaming coming from his apartment.
“After the scream, I was still on bad terms. I thought he was having a mental health crisis. I thought it was best to just leave him alone,” Tran responded.
Tran has pleaded not guilty to second-degree murder.
Nguyen is also on trial, charged with doing an indignity to a body and accessory after the fact. She has also pleaded not guilty.
Nguyen did not call any evidence.
Closing arguments will be heard on Wednesday.
