A 36-year-old software developer denies he has anything to do with the disappearance and subsequent murder of his former neighbour, Rayeez Habib.
Habib’s decomposing body was found in a garbage compactor in the Liberty Village complex where they all lived on June 8, 2023.
Taking the stand in his own defence at his second-degree murder trial, Khoa Tran admitted that he threw away Habib’s bicycle and lied to police when questioned about seeing the bicycle after Habib’s disappearance.
“I was pretty dishonest with them because I threw away the bicycle. I had nothing to do with his disappearance or what happened to him. I threw away the bicycle. I did a terrible thing so I didn’t tell them,” said Tran, who sat in the witness box wearing a white linen suit and light blue dress shirt.
Tran said that Habib, a 53-year-old filmmaker who lived alone, was a “great neighbour.” He testified they met in 2020 and said that Habib had “no issue” with him using a small charcoal barbecue on the front balcony of the couple’s unit.
But that changed in 2023 when Tran said the neighbours’ relationship got “harder.”
Tran told court that he and his wife, Isabelle Nguyen, bought their 450-square-foot condo around Christmas of 2019, and on May 1, 2023, the couple brought Nguyen’s best friend Linh Hua to Canada to live with them.
Tran said they bought Hua a plane ticket and covered the $14,000 tuition so she could go to school.
Tran testified that the couple told people Hua was a cousin. “I didn’t want her to deal with rumours of living with a married couple in a one-bedroom apartment. I didn’t want the neighbourhood to think anything weird was going on,” Tran said.
On May 20, 2023, Tran said he was outside barbecuing with Hua when Habib said something to him about moving the barbecue away from the railings.
Tran explained he misunderstood him and moved the barbecue away from the wall.
“He seemed angry and he slammed the door. We were bothering him so I said, ‘let’s shut this down,'” Tran said.
Tran explained he called Habib multiple times, knocked on his door and texted him on WhatsApp but Habib said he needed some time.
Tran said Habib eventually knocked on his door and the two went for a walk for roughly three hours.
“I remember in the middle of the walk he said, ‘What are you cooking that’s so different that makes this smoke and smell? Are you cooking dog?’ We both laughed. I said, ‘That’s crazy,’ and he said, ‘I’m not crazy. Don’t call me crazy.’ He said it close to my face. It went from joking to we need to talk about this,” said Tran.
Tran said he apologized because he really wanted to fix the issue. “We had been barbecuing for three years and there was no issue,” Tran told court.
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On June 1, 2023, Tran said Habib invited him upstairs for coffee and he went, assuming it was about the barbecue issue.
“He started asking what I was smoking because the smoke was so bad, but he could still smell it. I said ‘Reeyaz, I haven’t barbecued since that day, in 10 days,” Tran said.
Tran testified Habib asked him to stop what he was doing, complained there was smoke in his house, and said he had to shower three times that day.
Tran said he suggested Habib call a doctor but Habib said, “I’m not going to see a doctor.”
Tran said after Habib suggested he was cooking Asian food, he assured him he wasn’t and told him he was “so detached” from his culture.
It’s then Tran said Habib accused him of being in a relationship with Hua. “And he says, ‘Linh’s always out there barbecuing with you. I don’t think she’s your cousin. I think you’re sleeping with her,'” Tran said, adding he was so offended he wanted to leave.
“I said, ‘She’s my cousin.'” Tran explained that he and his wife were always holding hands and Hua was sometime holding his wife’s hand. “There’s nothing weird going on between me and her or anyone. Reeyaz misunderstood what those interactions were.”
Tran said he and Habib were not arguing intensely and Habib told him he was going to tell people he was illegally barbecuing with propane and have him removed from the neighbourhood.
“And he said, ‘Your bicycle is blocking my bicycle and I’m going to throw it away.’ I said, ‘Reeyaz, you really don’t want to do this because I’m going to do the same thing to you,'” Tran added.
Tran said when he left he was offended. “The whole time I was trying to make peace,” he explained.
Tran said he never spoke to him again.
On the evening of June 5, Tran said he decided to work late and his wife suggested Hua sleep in the couple’s bedroom, instead of sleeping on a mattress in the living room, where Tran would be working.
As he was working, he said he heard three screams for help coming from upstairs, followed by footsteps, struggling then someone falling down the stairs.
“Then it was silent. I sat there thinking what was happening. I heard noises upstairs, screaming and stomping, but nothing like this,” said Tran.
He testified he looked outside and saw nothing, then went into the bedroom and waved at his wife, who waved back.
Tran testified he didn’t call 911 because he had heard screams like this before, living downtown.
The next morning, when he saw Hua, Tran said she asked if he had heard the noises.
“I had this cold feeling in my gut. It was probably scary. I said, ‘Don’t worry, he’s making a movie,'” Tran said, explaining that Habib had made two movies upstairs before.
Tran said he and Nguyen decided before Hua came to Canada that if they heard stomping from upstairs, they would tell Hua that the neighbour was making a movie. “She would have questions about it so we decided it was best to tell her he was making a movie so she could live comfortably and go to school.”
A video of a man riding Habib’s bicycle on June 8 was also shown in court.
“That was me,” said Tran, acknowledging that his is the one seen on video. “I threw away his bicycle. I felt slighted. I felt angry, offended from our last conversation. I saw his bike out there. It was unlocked. I was so angry. I deeply regret this. I’m a terrible person,” said Tran.
Defence lawyer Liam O’Connor asked Tran if it was true that he told Hua not to speak to police.
Tran said that was true, adding there were two times he brought it up.
Tran said the first time was before he was arrested and went to jail. “I told her, ‘If police come and talk to you, you don’t have to talk to them but if you do, remember we’re in the same house together and we were in the same room. Remember, I saw you,'” he said, referring to the fact he walked in the bedroom after hearing the screaming and waved.
Tran, Nguyen and Hua also had a chat on messenger and Tran suggested they end the chat. “I said we have to close down this chat. We’re not talking about this murder, seemed to be murder, this event on messenger. We’re not involved. Why should we worry? We’re not involved, don’t worry,” Tran explained, saying his wife was adamant they not talk to police.
When O’Connor asked why Tran didn’t call police in the early morning hours of June 6, 2023, after hearing the screaming, he replied, “I should have.”
O’Connor then asked, “Did you have anything to do with the murder of Reeyaz Habib?” to which he answered, “No, I did not.”
During cross-examination, crown attorney Anna Tenhouse asked why Tran would go into the bedroom and wave at his wave after hearing screams. “What time was that?” Tenhouse asked. “3:30 am,” Tran replied. “Instead of running upstairs to see if he was OK you waved at your wife and she waved back?”
Tenhouse also suggested that Tran had seen Habib on June 7th.
A neighbour has already testified she saw Tran coming out of Habib’s apartment and locking his door.
“No, that didn’t happen,” said Tran. “It’s your position this neighbour has to be wrong?” Tenhouse asked. “Yes,” said Tran.
Tenhouse also suggested that Tran heard from neighbours that he had been seen leaving Habib’s unit and knew that when he was being interviewed by police on June 29, 2023.
“You’re very well aware of how fast rumours spread in this neighbourhood. I think you’re mischaracterizing and cherry picking a little bit. It’s terrifying to be cross-examined by someone like that. I’m tongue-tied. I don’t know what to do,” Tran exclaimed.
Tran has pleaded not guilty to second-degree murder.
His wife Isabelle Nguyen has also pleaded not guilty to accessory after the fact and doing an indignity to a body.
The trial continues.
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