THUNDER BAY – Crown attorney Rob Kozak said the evidence will show that David Hui and Musab Saboon are both responsible for the death of 40-year-old Lee Chiodo.
“Ultimately the two men charged were jointly responsible and it started with forcible confinement and ended with the killing of Lee Chiodo,” Kozak said.
The trial for Hui and Saboon opened in a Thunder Bay Courtroom on Monday before Justice Danial Newton. Both are facing charges of first-degree murder and kidnapping for their alleged role in the death of Chiodo, whose body was found near a dead end section of 108th Avenue leading toward the former Ontario Power Generation in the Mission Marsh area on Feb. 24, 2019.
Hui is represented by local defense attorney, George Joseph, while Saboon is represented by Kitchener attorney, Brennan Smart. During arraignment, both Hui and Saboon pleaded not guilty to the charges.
A third suspect, Marshall Hardy-Fox, has since pleaded guilty to kidnapping and accessory after the fact to murder and he will be sentenced later this year.
The first Crown witness called to testify was Dr. Nicholas Escott, a forensic pathologist who conducted the post-mortem examination of Chiodo’s body.
According to Escott, Chiodo died as a result of a gunshot wound to the back of the head. Abrasions and contusions were also observed on Chiodo’s head, neck, and torso, including a broken rib that ruptured his spleen.
Based on the examination of Chiodo’s body, Escott was also able to determine that the shot fired at his head was from at least two feet away, as there were no gunpowder burns or soot on Chiodo’s skin near the entry wound.
“Upon reviewing the photos, I did not see these, even after shaving the hair,” Escott testified. “So I determined based on the appearance of the entrance wound that this was a distant wound.”
During cross-examination by Joseph, Escott was asked if he was able to determine when the other injuries to Chiodo’s body could have been sustained.
Escott said he could not determine an exact time when those injuries occurred, but he did testify that they were prior to death and likely within a 12- to 24-hour period, as there were no signs of healing.
Smart questioned Escott on if he could determine Chiodo’s position prior to being shot and if he was standing or lying down. Escott answered that he could not.
Kozak then called Thunder Bay Police Service Det. Const. Jeff Tackney, a member of the forensic identification unit who attended the scene on Feb. 24 after Chiodo’s body was reported by a passerby who called 911.
During Tackney’s testimony, the court was shown photographs he had taken from the scene near 108th Avenue. The photographs revealed Chiodo’s frozen body, partially covered in snow, as well as a large area of what appeared to be blood in the snow near his head.
Tackney testified that when police first arrived on the scene, the weather conditions included blowing snow, and no footprints or vehicle prints were observed in the area.
The court was also shown photographs from the police investigation, including a black vehicle that contained identification belonging to Saboon and later seen in video footage from a Sudbury gas station where he was seen purchasing gas. Saboon turned himself in to Waterloo police on March 5 following a Canada-wide warrant for this arrest.
Photographs of Hui taken at the Thunder Bay Police Service headquarters following his arrest were also shown to the court.
During cross-examination, Joseph asked Tackney if Hui’s hands were swabbed for gunpowder residue.
Tackney answered that the swab was not done because the life of the residue on skin is short-lived and after a certain point, police do not swab for gunpowder residue. Hui was first arrested on March 2, 2019.
Tackney also confirmed that the firearm involved in the incident was never recovered, but the bullet that killed Chiodo was found in the ground under his head and a shell casing was found near his feet. No other ammunition was found in relation to either Hui or Saboon.
Det. Const. Kevin Bradley, a member of the criminal investigation branch with the Thunder Bay Police Service, was also called to testify by the Crown on Monday.
Bradley and Kozak went through video surveillance footage of the evening of Feb. 23 showing Chiodo at a local bowling alley on Memorial Avenue just after 11 p.m.
In the footage, Chiodo can be seen running past the counter and was then approached by someone matching the description of Saboon.
Saboon appears to confront Chiodo and places a hand on his arm, while keeping his other hand in the pocket of a sweatshirt.
Bradley said it was believed it could have been a gun, but there is no way to be definitively sure.
After Saboon appears to confront Chiodo, who backed away, Chiodo followed him out of the bowling alley.
During cross-examination, Joseph questioned Bradley on the forensic evidence collected as part of the investigation into Chiodo’s death.
“It’s fair to say that none of that information came back connecting either of the two accused before the court, correct?” Joseph asked.
“Correct,” Bradley said.
“The only evidence that connects the two to the crimes they are facing is the third accused, is that correct?” Joseph continued.
“That is correct,” Bradley replied.
Kozak indicated at the start of proceedings that Hardy-Fox, the third accused, is expected to testify on behalf of the Crown later in the trial.
“It will be Mr. Hardy-Fox who will be providing the critical evidence of this case, including what happened on Mission Island,” Kozak said.
The trial is scheduled for eight days.
