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Family members of a filmmaker found dead in a condo trash compactor in Liberty Village described their grief and anguish at a sentencing hearing Wednesday for the couple found guilty in his death.
In a victim impact statement, Malekhanu Habib, 86, said that she has become weak since the death of her son, Reeyaz Habib, 53.
“There is an emptiness in me that I cannot explain,” she said. “How could someone do this to my son?”
“I cannot understand how someone could take my son away from me. And I cannot understand how I am supposed to live the rest of my life without him.”
Khoa Tran has been found guilty of second-degree murder of Habib, while Isabelle Nguyen, Tran’s wife, has been found guilty of accessory after the fact and indignity to a human body. The Toronto couple will learn their sentences in October.
Habib’s body was found June 8, 2023 in a building in the area of East Liberty Street and Western Battery Road. His body was wrapped in blankets and duct tape. Habib, a neighbour, lived in a condo townhouse above Tran.
Court heard that the two had been in a dispute over barbeque smoke coming up from Tran’s balcony.
On Wednesday, Ontario Superior Court Justice Ken Campbell said the reasons for sentencing and his decision will be delivered on Oct. 26.
Sister says his death has left her with ‘pulverized’ heart
Salima Habib, Reeyaz’s sister, said her brother’s death has left her walking through life with a “pulverized” heart.
“Reeyaz was a truly extraordinary human being. He worked hard. He loved deeply. He cared about his family. He cared about his community. He cared about giving back to the country that had given our family a chance,” she wrote.
“What was taken from my family can never be replaced. The damage is irreparable. The impact cannot be measured. And the person I was before I lost my brother no longer exists.”
In a statement, the Canadian Film Centre said Habib was a “gifted storyteller and filmmaker” and alumnus of the centre.
It said Habib left behind a 15-year career on Bay Street to pursue a passion for filmmaking.
The Crown is asking for a minimum of 18 years in prison before Tran can apply for parole. Second-degree murder carries a life sentence with no chance of parole for at least 10 years. The Crown is asking for a four to six year sentence for Nguyen.
The defence is asking that Tran be eligible to apply for parole after serving 12 to 13 years and that Nguyen serve a conditional sentence of 2 years or less and three years’ probation.
Tyler Smith, the defence lawyer for Nguyen, told the judge she is a permanent resident and a longer sentence would make her ineligible to appeal an order of removal from Canada.
Trial heard Tran’s fingerprints were on duct tape
At trial, Tran testified he was angry at Habib for continuing to complain about his barbeque smoke when he said he tried to compromise.
The Crown argued the dispute escalated after Habib threatened to go to the board to have him removed for condo infractions.
Tran said he was so angry at Habib that he threw the filmmaker’s bicycle in a dumpster in an act of revenge.
He denied killing him and said he was not the person seen in surveillance video throwing items in the condo’s underground garbage compactor, where Habib’s body would be found hours later.
Expert witnesses testified that Tran’s fingerprints were on a note and duct tape on Habib’s body and that DNA from Tran and his wife were also on the tape.
There was neither surveillance video nor any known witnesses who saw what happened to Habib. Court heard that neighbours heard cries for help in the complex at around 3 a.m.