Crown says strangers beat man to death

Court told attack victim ‘could not fight back’

Zaher (Zack) Noureddine had a flourishing sales career when he was savagely beaten to death almost three years ago as he left a restaurant near Yonge and Eglinton, a Toronto jury was told Thursday.

The men responsible for his death and the assault of his coworker, Mitchell Conery, who survived, were complete strangers, Crown attorney Beverly Richards told jurors during her opening address in Superior Court.

The Crown alleges William Cummins, 32, Matthew Moreira, 34, and Patrick Smith, 28, are guilty of first-degree murder and assault with intent to rob. The prosecution rejected their attempts to plead guilty to lesser offences last week.

Under the Criminal Code, an accused is guilty of first-degree murder if the death is caused while committing forcible confinement.

Richards, who is prosecuting the case with Mihael Cole, provided the jury with an outline of some of the evidence they intent to present.

Dressed in business attire, Noureddine, 26, and Conery were walking to their parked car just before midnight on Dec. 29, 2015, when three men emerged from an alleyway. Conery was punched on the side of his head, knocked to the ground and had his head stomped on, Richards said.

Conery will testify one of the men placed his foot on him and demanded he hand over his wallet, saying, “Give me your wallet and it’s all over.”

Richards said Conery, who was 22 at the time, will say he told the men he did not carry a wallet.

While lying on the ground, Conery watched two of the attackers restrain Noureddine’s arms as the trio punched and kicked the defenceless man in the head and face, she said.

“Mr. Noureddine did not fight back; he could not fight back,” she said.

Noureddine fell to his hands and knees as the attackers rained blows and kicks to his head, ignoring his pleas to stop, she said.

After “good Samaritan witnesses” came to the victims’ aid, the three assailants took off down an alleyway leaving the two men lying on the street, she said. Several of those witnesses, who were outside St. Louis Bar and Grill, will also be called as witnesses.

Noureddine was taken to hospital in critical condition and was pronounced dead the next day. A forensic pathologist will testify the cause of death was blunt impact head and neck trauma, Richards said.