- Lawyers for 3 men attack Crown’s star witness Danny Simao, a man they described as “a classic dirtbag” and “100% untrustworthy.”
- Glen Monkman, Norris Ponce and Carlos Tavares are charged with first degree murder in the 2006 killing at a downtown club.
- Huynh, 24, was stabbed in the face and chest following an altercation outside what was then the Club Desire nightclub on Main Street. The Crown alleges Monkman stabbed Huynh with the support of Tavares and Ponce, believing Huynh was responsible for stabbing Tavares at a wedding social.
- Danny Simao, Tavares’ cousin, testified the three accused plotted Huynh’s death after learning of his presence at the nightclub.
- Simao was frequently ill on the witness stand, resulting in frequent and lengthy adjournments. Simao said he suffers from irritable bowel syndrome and acid reflux and is prone to vomiting when under stress.
- “Someone who was providing honest and credible evidence wouldn’t react like that,” said Ponce’s lawyer Ian Garber in his closing submission Tuesday afternoon. “You don’t get any points for being sick and throwing up.”
- Simao was a “fabricator” who lied on the witness stand to protect his own interests.
- Court heard wiretap evidence suggesting he was selling marijuana out of his Ontario home, but he denied defence allegations he was a drug dealer.
- “He made up this story to get out of what he thought was a pressure cooker situation,” said Tavares’ lawyer David Guttman. “He’s a pothead with a terrible memory. He’s been morphed into a star witness.”
- Monkman did stab Huynh, but should be found guilty of manslaughter, not first-degree murder, Monkman’s lawyer Jeff Nichols said in his closing argument Monday morning.
- “We say he stepped into someone else’s confrontation and stabbed Mr. Huynh multiple times,” he said.
- Nichols said there was no evidence Monkman intended to kill Huynh and described Simao as “100% untrustworthy.”
- “If all you have is the credibility of Danny Simao, then we are done here because he doesn’t have any,” Nichols said.
I love that last quote by Nichols, "If all you have is the credibility of Danny Simao, then we are done here because he doesn't have any." I believe that the Crown has not proven beyond a reasonable doubt as to the guilt of these men. Danny Simao's testimony cannot even be considered because he is so unreliable and untrustworthy, therefore, their is no evidence that this attack was planned and deliberate or evidence that Tavares and Ponce knew anything about the attack. Ponce did not assist or encourage the attack and was not present when the stabbing took place. Tavares did drive the getaway vehicle, but their is no evidence that he knew that a stabbing had occurred or that Monkman was responsible and had allegedly planned the stabbing. None of this can be proven.
I would say that Ponce should be found not guilty on all charges, Tavares should be found not guilty on all charges and Monkman should be found guilty of manslaughter and sentenced between 8 and 12 years, in my opinion. I hope that the jury will also come to this conclusion. It would be a tragedy to see someone wrongfully convicted.
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