Murder ’unexpected’ by accused, ex-B.C. lawyer’s trial hears

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VANCOUVER — A former lawyer from Kamloops, British Columbia, is admitting to killing his client, but his lawyer says it was not planned and that the evidence at trial did not support a first-degree murder conviction of Rogelio “Butch” Bagabuyo.

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A BC Supreme Court trial found that Mohd Abdullah hired Bagabuyo in 2016 and they conspired to hide “large sums of money” during Abdullah's separation from his wife.

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Bagabuyo spent more than $780,000 that Abdullah transferred to him over a seven-year period, the trial heard.

The court previously heard that Bagabuyo delayed returning Abdullah's money for several years, fabricating reasons such as the need to create shell corporations or concerns about the Canada Revenue Agency.

Bagabuyo's lawyer, Mark Schwartz, told the judge in his closing arguments Wednesday that a reasonable explanation is that Bagabuyo admitted to his client on March 11, 2022, that the money was missing and “all hell broke loose” in the struggle that left Abdullah dead.

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Schwartz said there was no evidence before their meeting on March 11 that Abdullah had threatened Bagabuyo to return his money, but for Abdullah it would have been a situation of anxiety, frustration and anger.

“His savings are in the hands of Mr. Bagabuyo,” Schwartz said.

Schwartz said the killing was “unexpected” and Bagabuyo was “left to figure out what to do with this body,” as evidenced by his movements after the killing, including enlisting the help of an elderly friend to rent a van and find a place to dispose of the body.

He said the pair were driving aimlessly around interior British Columbia on March 16, 2022, “looking for a weak spot to dig up and get rid of this bag.” If they can't find him – because the ground is still frozen – they plan to meet again on March 18, Schwartz said.

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“Everything is evolving at the moment and he's dealing with it,” he said of his client.

Schwartz said this showed a “lack of a concrete plan.”

He also mentioned that Bugabuyo bought items such as a hacksaw on March 13, which the Crown suggested he planned to use to dispose of the body. Schwartz said purchasing the items two days after the murder suggests he did not plan the death.

“You'd think that if you're able to think so hard about some of these little details… you'd certainly think that after this I'll have a body in my arms and I'll have to deal with that.”

Bagabuyo was arrested on March 18, 2022, a day after his friend's body was found inside a bag. grandson.

The Crown prosecutor told the court this week that Bagabuyo methodically planned the murder for more than a week and should be found guilty of the most serious charge.

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Ann Catherine Sattler told Judge Kathleen Kehr that the purchase of the large bag in which Abdullah's body was found, as well as a “planning note” written by the accused before the murder, were evidence of a conspiracy.

According to Sattler, the note was written to Bagabuyo before the murder and reminded him afterward to pack everything in a bag rather than take a cell phone or digital watch with him, turn off the GPS and throw out the trash.

But Schwartz said his client bought the bag to deal with paperwork in his office, and the note was used as a reminder of what to do when disposing of the body, not as a murder plan.

“This is the one who picks up the document (and) begins to write out in a panic what to do, and not the one who made a decision on March 1 and weighed what should happen, what steps to take,” Schwartz said.

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After the murder, Bagabuyo wrapped Abdullah's body in plastic wrap, placed a garrote around his neck, placed him in a trash can and secured him with ratchet straps, according to the Crown. He then carried the trash into his car.

But Schwartz said the garrote “was not actually used in any way in the commission of the crime.”

He said there were no ligature marks on the victim's neck and suggested to the court that he may never have been in the office but Bagabuyo may have used it as a way to help him move the body in the days after Abdullah's death.

Sattler said during her closing argument Tuesday that a law office is an “ideal location” for a murder because there are special conditions for police searches of law offices.

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But Schwartz said contractors and others may have entered the building, which was being restored after a fire, and “there is no evidence that Mr. Bagabuyo had prior knowledge” of when people would come and go.

Schwartz also noted that Bagabuyo had “universal building codes” because he installed an alarm system and could have avoided using his own if he was planning a murder.

He said Bagabuyo could also have chosen a more isolated area or even his own place of residence if he was planning a murder.

“This is all unexpected and he is dealing with the consequences,” Schwartz told the court Wednesday.

Bagabuyo was initially charged with indignity to human remains on March 18, 2022, and then charged with first-degree murder more than a year later. He has been on bail since July 12, 2023.

Closing arguments are again scheduled for Thursday.

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