A defence lawyer for one of two men accused of axe-murdering a drug dealer two years ago told a judge there is no evidence anyone planned to kill Ronak "Ronny" Wagad, but said witness statements all point to Babak Najafi-Chaghabouri of North Vancouver as the one who wielded the fatal blows.
Paul McMurray, lawyer for Charles Anthony Leslie, said a plan agreed to by Leslie, Najafi-Chaghabouri and a third man, Travis Winterlik, was to abduct and rob Wagad and leave him in the forest.
But once the three made it out to the isolated spot with the victim confined in the trunk of a car, "Najafi-Chaghabouri took it a further step, by implicating Leslie and Winterlik in a killing," said McMurray.
McMurray said the killing was unexpected and happened "in the moment, as opposed to something that was planned."
Testimony from two witnesses who said Najafi-Chaghabouri told them about the killing was consistent with the fact he was the person who carried it out, "in the face of opposition from (Leslie)," said McMurray.
Both Leslie and Najafi-Chaghabouri are on trial for first degree murder in the death of Wagad, whose body was discovered in the bush in July 2009.
In closing arguments last week, prosecutor David Butcher told Justice Barry Davies the evidence of Winterlik - who was brought back from Central America and testified under a deal giving him immunity from prosecution - is reliable and backed up by other evidence.
In his testimony, Winterlik said Leslie hated Wagad and hatched a plan with Najafi-Chaghabouri and Winterlik to rob and kill him.
"It was the execution of a plan to kidnap, kill and rob Wagad," said Butcher, adding the actions of both Leslie and Najafi-Chaghabouri were key to Wagad's death so they are both responsible.
But on Monday, McMurray said Winterlik is an unsavoury witness and accomplice to the killing who has a motive to implicate the two accused.
McMurray said there's no evidence to back up Winterlik's statements that an axe was specifically placed in the car or that the three men discussed how "the first killing is the hardest."
He added all the preparations testified to by Winterlik - including buying duct tape and a hockey bag - point to a plan to abduct and rob Wagad, but not a plan to kill him.
"They don't purchase shovels," or flammable liquids in advance, he said.
Final arguments in the case - including submissions from the defence lawyer for Najafi-Chaghabouri - are expected to continue this week in B.C. Supreme Court.
