Reeyaz Habib’s family, friends and neighbours expressed grief and confusion in a downtown Toronto courtroom Wednesday at the sentencing hearing for a Liberty Village couple convicted in the killing of the 53-year-old filmmaker.
“Discarded for what? It’s shameful that a life so rich in texture, meaning, teaching, exploration, storytelling and love must now be looked at through the shroud of murder,” Habib’s brother-in-law, Roberto Cabrera, said in a victim impact statement.
The 53-year-old’s decomposing body was found in a garbage compactor in the underground parkade of the condominium complex where he lived on June 8, 2023.
The following day, Habib was reported missing. Police had not yet identified the body found in the dumpster.
In June, Khoa Tran, 36, was convicted of second-degree murder. His wife, Quynh (Isabelle) Nguyen, 30, was convicted of being an accessory after the fact to manslaughter and of committing an indignity to a body following a jury trial.
Tran and Nguyen lived in a condo on the main floor of a multi-level townhouse at 26 Western Battery Rd. Habib lived in a two-storey townhouse directly above them.
At trial, the jury heard there was tension in the weeks before the discovery of the body between Habib and Tran over Tran’s use of a barbecue. Habib had complained that smoke from Tran’s barbecue was drifting onto his balcony.
The Crown told court it believes Tran went upstairs and killed his neighbour in the early morning hours of June 6, 2023.
“A life was taken. For what?” said Salima Habib, the victim’s sister, in her victim impact statement. She remembered her brother as a citizen of the world and a successful investment banker who left the business world to pursue filmmaking.
Habib obtained an MBA at the University of Toronto and later attended the University of Southern California’s School of Cinematic Arts before moving back to Toronto, where his sister said he was signed by an agent.
“He was finally beginning to make his dream a reality. He decided to direct his first feature film, ‘Fat Lady Sriracha,'” Salima said.
She said her brother was in the final stages of bringing the film to life when he was murdered and his body discarded.
“I cannot comprehend it. I cannot understand how a human life could be treated this way. My faith in society and in the human spirit has been deeply shaken. How does this happen?” she said.
“How does a person like Reeyaz, someone whose life was dedicated to creating, helping, teaching, caring for his family and giving back, have his life taken from him in this way?” she wrote.
Patrick Smith told court through tears that he met Habib in Los Angeles in 2019 and the two became close friends.
Smith said he suggested Habib return to Canada to attend the Canadian Film Centre, where Smith was an alumnus and mentor.
“In my darkest days, I tell myself that he’d still be alive had I not encouraged him to move back to Toronto for the CFC.”
Second-degree murder carries an automatic life sentence. The judge must decide a period of parole ineligibility of between 10 and 25 years.
Crown attorneys Nathaniel Smith and Ana Tenhouse told Superior Court Justice Philip Campbell that although Tran was convicted of second-degree murder, there was evidence of planning. They are seeking an 18-year period of parole ineligibility.
The Crown is also seeking a prison sentence of four to six years for Nguyen.
Smith said aggravating factors include the fact that Habib was killed in his own home and was vulnerable because he was attacked between 3 a.m. and 3:30 a.m., when he would likely have been disoriented and defenceless.
Smith said Habib was killed in a sustained and violent beating.
“Your Honour heard evidence there were at least 34 injuries on his body, both pre- and post-death,” Smith said.
Because Habib’s body was already decomposed when it was discovered, the forensic pathologist was unable to determine a cause of death, he said.
The Crown also argued there was evidence of planning, including that Lin Hua, a friend of the couple visiting from Vietnam, was moved into the marital bedroom on the night of the killing while Tran said he would be working in the living room.
“Tran had exclusive access to Habib. This was an unprovoked attack,” Smith said.
He also described Tran’s post-offence conduct as “extraordinary and calculated,” saying it unfolded over several days.
Smith said Tran disposed of Habib’s personal belongings to suggest he had fled and cleaned his home over two days.
The Crown alleged Tran also pressured Hua to interact with police in ways favourable to him and used deceptive notes attached to the body.
“In the Crown’s submission, it was a failed attempt to have another neighbour put their fingerprints on the dead body,” Smith said.
The Crown also argued Tran used Habib’s key fob to create the impression that he was still alive.
Smith said Tran attempted to frustrate the police investigation and denigrated Habib by telling police, and later testifying, that a “pimp” and “crack whores” had allegedly entered Habib’s home that night.
“He dumped him in a compactor in an attempt to have him sent to the landfill. In the Crown’s submission, it was an inhumane, callous act,” Smith said.
Tran’s lawyer, Liam O’Connor, argued that 12 to 13 years of parole ineligibility would be more appropriate, saying his client is educated and has a pro-social history.
As for Nguyen, the Crown said her actions amounted to “a sustained and persistent accessoryship.”
“She was complicit in the creation of a false alibi to an unlawful killing. She deceived police and Ms. Hua,” Smith said, adding there was no evidence Nguyen was coerced.
“She disposed of Mr. Habib’s body like it was garbage. It was a horrific treatment of a human being in an effort to protect someone she knew had killed him.”
Smith said the evidence supported the jury’s finding that Nguyen committed an indignity to a body by helping dispose of Habib’s remains.
“The location of Ms. Nguyen’s DNA on the makeshift handle on the items surrounding Mr. Habib points to the fact Nguyen assisted in lifting Habib,” he said, adding it would have been impossible for one person to move the body alone.
One of the notes left on the body read: “Please do not open. Lots of sharp metal and glass for renovations. Don’t worry, we wrapped it in fabric.”
Smith said the note was evidence that both Tran and Nguyen participated in wrapping and disposing of Habib’s body.
The Crown also argued Nguyen took advantage of Hua’s trust and vulnerability after she arrived from Vietnam to visit her close friend.
“This all started on the night of the killing when she told Hua to go back to sleep after she heard screams for help and noises,” Smith said.
According to the Crown, the couple told Hua that Habib was a filmmaker and that loud noises and screaming often came from his unit.
Smith said Nguyen also attempted to interfere with the investigation by telling Hua not to speak to police and by misleading officers who came to her door on June 9, 2023, after Habib had been reported missing.
He said Nguyen instructed Hua to tell police they had been sleeping together in the same bedroom, creating a false alibi for her husband.
“Hua was effectively silenced in the immediate aftermath and the month that followed,” Smith said.
He added that if Hua had spoken to police sooner about the screams she heard, Habib’s body may have been discovered inside his residence before significant decomposition occurred.
“Ms. Nguyen’s conduct was deliberate and sustained. It wasn’t a panicked attempt to help her husband. Her actions were calculated. There is no evidence she was coerced,” Smith said.
Nguyen’s lawyer, Tyler Smith, argued that an appropriate sentence for his client, a first-time offender, would be a conditional sentence of two years less a day to be served in the community under house arrest, followed by probation.
He said Nguyen could also face immigration consequences because she is a permanent resident of Canada.
When given an opportunity to address the court, Tran said he had nothing to say while an appeal is pending.
“I feel sorry for the family’s loss. This great loss will also impact us for the rest of our lives,” Nguyen said. She did not testify at trial.
Campbell is scheduled to deliver his sentence on Oct. 26.
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