THUNDER BAY - A verdict in the first-degree murder trial against Musab Saboon and David Hui will be delivered next month.
The verdict will be handed down by Justice Danial Newton on April 22, 2022, less than seven weeks after closing arguments were heard at the conclusion of the eight-day trial that opened on Feb. 28, 2022.
Hui, 50, and Saboon, 30, pleaded not guilty to charges of first-degree murder and kidnapping for their alleged role in the death of 40-year-old Lee Chiodo, whose body was found near 108th Avenue on Mission Island on Feb. 24, 2019.
Throughout the trial, Crown attorney Rob Kozak called 15 witnesses, including Marshall Hardy-Fox, who testified he drove Saboon, Hui, and Chiodo to Mission Island after picking Chiodo up at a local bowling alley on the night of Feb. 23, 2019. Hardy-Fox also testified that he heard Saboon and Hui discussing what to do with Chiodo, followed by Hui saying: ‘I’ll do it,’ and then hearing a gunshot.
Chiodo died as a result of a gunshot wound to the back of the head.
Hardy-Fox has since pleaded guilty to charges of kidnapping and accessory after the fact to murder. He will appear in court again on April 25, 2022 to set a date for the sentencing decision.
The court also saw video interviews police conducted with Hui and Saboon during the early stages of the investigation. When Saboon was first detained, he told police he and Hui were in Kitchener, Ont. on Feb. 23 and 24.
When Hui was interviewed after being arrested he admitted to police that he was with Saboon and Hardy-Fox at the bowling Alley on Feb. 23 when they picked up Chiodo, but said he was dropped off in town and did not go out to Mission Island.
George Joseph, counsel on behalf of Hui, argued in his closing submissions that there was no physical evidence linking Hui to the homicide and the Crown was relying upon Hardy-Fox’s evidence without any further corroborative evidence to back up his testimony.
Brennan Smart, counsel for Saboon, argued the Crown did not follow-up on his client’s claim that he was in Kitchener at the time, as well as saying Hardy-Fox lied to police and the court and was motivated to do so in order to plead guilty to a lesser charge.
Saboon remains in custody while Hui was previously released on bail.
