Trial Starts for Toronto Couple Accused of Killing Neighbour Over BBQ Smoke Dispute 

A Toronto couple accused of killing their neighbour and leaving his body to decompose in a garbage compactor are in court this week to face charges related to the death.

Khoa Tran, 36, was charged with second-degree murder after the killing of filmmaker Reeyaz Habib, whose body was found in a garbage compactor in the underground parking area of the Liberty Village condominium complex in Toronto’s West End, where Habib and the accused lived nearly three years ago.

Tran’s wife Quynh (Isabelle) Nguyen, 30, is charged with being an accessory after the fact and doing an indignity to the body, which was concealed in a pile of blankets and towels. The Crown alleges that Nguyen aided in the disposal of the 53-year-old’s body.

Tran and Nguyen have pleaded not guilty.

Assistant Crown prosecutor Nathaniel Smith told the jury on May 5 that a weeks-long neighbourly dispute over barbecue smoke turned fatal in June 2023. Habib lived in the condo directly above the one occupied by Tran and Nguyen and frequently complained about the smoke that wafted up to his apartment whenever Tran barbecued.

Tran agreed to start sending Habib texts to warn him when he planned to barbecue, according to an agreed statement of facts. One such text was sent on May 15, 2023, and another five days later.

They discussed the issue in person again after this, and Habib was “a little bit angry” and slammed a door, the statement noted.

Expected Testimony

The Crown said it will introduce evidence showing that in the early hours of June 6, 2023, shouts for help were heard across the condominium complex, rousing residents from their sleep.

A Vietnamese woman, who was staying with the couple during her visit, is expected to testify that she and Nguyen were awakened by the screams but that she went back to sleep after Nguyen reassured her that it was likely just Habib recording in his condo, Smith said. The visitor is also expected to testify Tran was not in sight when the screams rang out, he added.

Habib missed a scheduled tennis match with a friend later that day, Smith said, adding that “text messages went unanswered and he was never seen alive or heard from again.”

Habib’s body was found two days later, on June 8, wrapped in duct tape, blankets and towels. Two notes were affixed to the bundle, Smith said.

One read: “Can someone lift this into the trash? Very heavy,” and “Please do not open, lots of sharp metal and glass inside from renovation (don’t worry, we wrapped it in fabric.)”

A forensic pathologist who performed an autopsy on Habib’s decaying body is expected to testify that determining a cause of death was challenging because of various pre- and post-mortem injuries, Smith told the court.

Two fingerprint experts are expected to testify that Tran’s fingerprints were discovered on one of the notes attached to Habib’s body. They are also expected to tell the court that DNA from both Tran and Nguyen couldn’t be excluded from a sample obtained from the duct tape.

Smith also told the jury that police and Habib’s nephew went into his condo the day after his body was discovered. They found white sheets had been nailed over the windows.

Police also discovered internet searches for  “mixing vinegar and bleach” on Tran’s cellphone, the court heard.

The trial is expected to last approximately four weeks.

Habib was a film writer and director and was a graduate of the University of Southern California School of Cinematic Arts. He co-directed Samir, a 2019 crime drama that was nominated in the best premiere category at the Heartland International Film Festival.

Habib was finalizing the post-production of his debut feature film, “Fat Lady Sriracha,” at the time of his death.