Toronto man testifies during trial for murdering neighbour over BBQ smoke - BERITAJA

A 36-year-old package developer denies he has thing to do pinch the disappearance and consequent execution of his erstwhile neighbour, Rayeez Habib.

Habib’s decomposing assemblage was recovered successful a garbage compactor successful the Liberty Village analyzable wherever they each lived connected June 8, 2023.

Taking the guidelines successful his ain defence astatine his second-degree execution trial, Khoa Tran admitted that he threw distant Habib’s bicycle and lied to constabulary erstwhile questioned about seeing the bicycle aft Habib’s disappearance.

“I was beautiful dishonest pinch them because I threw distant the bicycle. I had thing to do pinch his disappearance aliases what happened to him. I threw distant the bicycle. I did a unspeakable point truthful I didn’t show them,” said Tran, who sat successful the witnesser container wearing a achromatic linen suit and ray bluish dress shirt.

Tran said that Habib, a 53-year-old filmmaker who lived alone, was a “great neighbour.” He testified they met successful 2020 and said that Habib had “no issue” pinch him utilizing a mini charcoal barbecue connected the beforehand pavilion of the couple’s unit.

But that changed successful 2023 erstwhile Tran said the neighbours’ narration sewage “harder.”

Tran told tribunal that he and his wife, Isabelle Nguyen, bought their 450-square-foot condo about Christmas of 2019, and connected May 1, 2023, the mates brought Nguyen’s champion friend Linh Hua to Canada to unrecorded pinch them.

Tran said they bought Hua a level summons and covered the $14,000 tuition truthful she could spell to school.

Tran testified that the mates told group Hua was a cousin. “I didn’t want her to woody pinch rumours of surviving pinch a joined mates successful a one-bedroom apartment. I didn’t want the neighbourhood to deliberation thing weird was going on,” Tran said.

On May 20, 2023, Tran said he was extracurricular barbecuing pinch Hua erstwhile Habib said thing to him about moving the barbecue distant from the railings.

Tran explained he misunderstood him and moved the barbecue distant from the wall.

“He seemed angry and he slammed the door. We were bothering him truthful I said, ‘let’s unopen this down,'” Tran said.

Tran explained he called Habib aggregate times, knocked connected his doorway and texted him connected WhatsApp but Habib said he needed immoderate time.

Tran said Habib yet knocked connected his doorway and the 2 went for a locomotion for about 3 hours.

“I retrieve successful the mediate of the locomotion he said, ‘What are you cooking that’s truthful different that makes this fume and smell? Are you cooking dog?’ We some laughed. I said, ‘That’s crazy,’ and he said, ‘I’m not crazy. Don’t telephone maine crazy.’ He said it adjacent to my face. It went from joking to we request to talk about this,” said Tran.

Tran said he apologized because he really wanted to hole the issue. “We had been barbecuing for 3 years and location was nary issue,” Tran told court.

On June 1, 2023, Tran said Habib invited him upstairs for java and he went, assuming it was about the barbecue issue.

“He started asking what I was smoking because the fume was truthful bad, but he could still smell it. I said ‘Reeyaz, I haven’t barbecued since that day, successful 10 days,” Tran said.

Tran testified Habib asked him to extremity what he was doing, complained location was fume successful his house, and said he had to ablution 3 times that day.

Tran said he suggested Habib telephone a expert but Habib said, “I’m not going to spot a doctor.”

Tran said aft Habib suggested he was cooking Asian food, he assured him he wasn’t and told him he was “so detached” from his culture.

It’s past Tran said Habib accused him of being successful a narration pinch Hua. “And he says, ‘Linh’s ever retired location barbecuing pinch you. I don’t deliberation she’s your cousin. I deliberation you’re sleeping pinch her,'” Tran said, adding he was truthful offended he wanted to leave.

“I said, ‘She’s my cousin.'” Tran explained that he and his woman were ever holding hands and Hua was sometime holding his wife’s hand. “There’s thing weird going connected betwixt maine and her aliases anyone. Reeyaz misunderstood what those interactions were.”

Tran said he and Habib were not arguing intensely and Habib told him he was going to show group he was illegally barbecuing pinch propane and person him removed from the neighbourhood.

“And he said, ‘Your bicycle is blocking my bicycle and I’m going to propulsion it away.’ I said, ‘Reeyaz, you really don’t want to do this because I’m going to do the aforesaid point to you,'” Tran added.

Tran said erstwhile he near he was offended. “The full clip I was trying to make peace,” he explained.

Tran said he ne'er said to him again.

On the evening of June 5, Tran said he decided to activity precocious and his woman suggested Hua slumber successful the couple’s bedroom, alternatively of sleeping connected a mattress successful the surviving room, wherever Tran would beryllium working.

As he was working, he said he heard 3 screams for thief coming from upstairs, followed by footsteps, struggling past personification falling down the stairs.

“Then it was silent. I sat location reasoning what was happening. I heard noises upstairs, screaming and stomping, but thing for illustration this,” said Tran.

He testified he looked extracurricular and saw nothing, past went into the chamber and waved astatine his wife, who waved back.

Tran testified he didn’t telephone 911 because he had heard screams for illustration this before, surviving downtown.

The adjacent morning, erstwhile he saw Hua, Tran said she asked if he had heard the noises.

“I had this acold emotion successful my gut. It was about apt scary. I said, ‘Don’t worry, he’s making a movie,'” Tran said, explaining that Habib had made 2 movies upstairs before.

Tran said he and Nguyen decided earlier Hua came to Canada that if they heard stomping from upstairs, they would show Hua that the neighbour was making a movie. “She would person questions about it truthful we decided it was champion to show her he was making a movie truthful she could unrecorded comfortably and spell to school.”

A video of a man riding Habib’s bicycle connected June 8 was besides shown successful court.

“That was me,” said Tran, acknowledging that his is the 1 seen connected video. “I threw distant his bicycle. I felt slighted. I felt angry, offended from our past conversation. I saw his motorcycle retired there. It was unlocked. I was truthful angry. I profoundly regret this. I’m a unspeakable person,” said Tran.

Defence lawyer Liam O’Connor asked Tran if it was existent that he told Hua not to speak to police.

Tran said that was true, adding location were 2 times he brought it up.

Tran said the first clip was earlier he was arrested and went to jail. “I told her, ‘If constabulary travel and talk to you, you don’t person to talk to them but if you do, retrieve we’re successful the aforesaid location together and we were successful the aforesaid room. Remember, I saw you,'” he said, referring to the truth he walked successful the chamber aft proceeding the screaming and waved.

Tran, Nguyen and Hua besides had a chat connected messenger and Tran suggested they extremity the chat. “I said we person to adjacent down this chat. We’re not talking about this murder, seemed to beryllium murder, this arena connected messenger. We’re not involved. Why should we worry? We’re not involved, don’t worry,” Tran explained, saying his woman was adamant they not talk to police.

When O’Connor asked why Tran didn’t telephone constabulary successful the early greeting hours of June 6, 2023, aft proceeding the screaming, he replied, “I should have.”

O’Connor past asked, “Did you person thing to do pinch the execution of Reeyaz Habib?” to which he answered, “No, I did not.”

During cross-examination, adjunct Crown lawyer Ana Tenhouse asked why Tran would spell into the chamber and activity astatine his activity aft proceeding screams. “What clip was that?” Tenhouse asked. “3:30 am,” Tran replied. “Instead of moving upstairs to spot if he was OK you waved astatine your woman and she waved back?”

Tenhouse besides suggested that Tran had seen Habib connected June 7th.

A neighbour has already testified she saw Tran coming retired of Habib’s flat and locking his door.

“No, that didn’t happen,” said Tran. “It’s your position this neighbour has to beryllium wrong?” Tenhouse asked. “Yes,” said Tran.

Tenhouse besides suggested that Tran heard from neighbours that he had been seen leaving Habib’s portion and knew that erstwhile he was being interviewed by constabulary connected June 29, 2023.

“You’re very good alert of really accelerated rumours dispersed successful this neighbourhood.  I deliberation you’re mischaracterizing and cherry picking a small bit. It’s terrifying to beryllium cross-examined by personification for illustration that. I’m tongue-tied. I don’t cognize what to do,” Tran exclaimed.

Tran has pleaded not blameworthy to second-degree murder.

His woman Isabelle Nguyen has besides pleaded not blameworthy to accessory aft the truth and doing an indignity to a body.

The proceedings continues.