Top court dismisses appeal in murder of philanthropist
Shooter’s defence was undermined by errors of trial judge, lawyers said
Ontario’s top court has dismissed an appeal by the man who shot and killed conservationist and philanthropist Glen Davis in an underground Toronto parking garage 11 years ago this week.
Ivgeny “Eugene” Vorobiov was one of four men convicted of charges related to the May18, 2007, murder of Davis, considered a national hero in Canada’s conservation community.
Vorobiov’s lawyers argued Ontario Superior Court Justice Ian Nordheimer made three errors that undermined his defence and the fairness of his trial. Nordheimer was elevated to the Ontario Court of Appeal last year.
Nordheimer unjustifiably and unfairly curtailed the defence’s cross-examination of Jesse Smith, who pleaded guilty to being an accessory after the fact, and that of Peter Moreira, a Toronto police officer and former member of the homicide squad, the lawyers said.
Toward the end of the first day of cross-examination of Moreira, Nordheimer excused the jury and then questioned the relevance of defence counsel’s questioning.
“I am inclined to agree with Vorobiov that the trial judge should not have intervened,” Court of Appeal Justice John Laskin wrote on behalf of the three-judge panel. The cross examination was not abusive or excessive and was not precluded by the rule of evidence.
“Nonetheless, the trial judge’s intervention — though ill-advised — did not undermine Vorobiov’s defence.”
Nor should have the judge suggested the defence cross-examination of Smith was improper. In both instances prosecutors did not object, the ruling noted.
“Although I have concerns about the trial judge’s interven- tions, on a review of the entire transcript of each cross-examination, I am persuaded that Vorobiov’s defence counsel achieved his objective, and that the trial judge’s interventions did not undermine Vorobiov’s defence or deprive him of a fair trial.”
The judges dismissed the appeal on the other grounds.
Davis’s godson, Marshall Ross, is serving a life sentence after pleading guilty to first-degree murder in 2011. Fuelled by greed and resentment, Ross admitted orchestrating the murder so he wouldn’t have to pay back the $2-million loan Davis gave him for his home renovation business. He also mistakenly believed he would be named a beneficiary in Davis’s will.
Ross enlisted Dmitri Kossyrine, who recruited Smith and Vorobiov. Kossyrine was convicted of first-degree murder after a retrial. His appeal was turned down last year.
Before trial, Smith pleaded guilty to being an accessory after the fact for helping Vorobiov flee the scene of the murder.