Evidence doesn't support 1st-degree murder conviction, trial of former B.C. lawyer hears

Brieanna Charlebois · The Canadian Press

· Posted: Oct 09, 2025 10:43 AM EDT | Last Updated: October 9

A erstwhile Kamloops, B.C., lawyer admits to sidesplitting his client, but his defence counsel says it wasn't planned and that grounds astatine the proceedings doesn't enactment a first-degree execution conviction.

Rogelio (Butch) Bagabuyo is accused of murdering Mohd Abdullah successful 2022.

The B.C. Supreme Court proceedings has heard that Abdullah hired Bagabuyo successful 2016 and they conspired to fell "large sums of money" during Abdullah's separation from his wife.

Bagabuyo spent much than $780,000 that Abdullah transferred to him implicit a seven-year period, the proceedings heard.

The tribunal heard that Bagabuyo had delayed the instrumentality of Abdullah's wealth for respective years, fabricating reasons specified arsenic the request to acceptable up ammunition corporations oregon concerns astir the Canada Revenue Agency.

Bagabuyo's lawyer Mark Swartz told the justice successful his closing arguments Wednesday that a tenable mentation is that Bagabuyo had confessed to his lawsuit connected March 11, 2022, that the wealth was gone and "all hellhole broke loose" successful a conflict that near Abdullah dead.

Photos released by RCMP successful 2022 amusement Mohd Abdullah soon earlier helium was killed. (Submitted by RCMP)

Swartz said determination was nary grounds anterior to their March 11 gathering that Abdullah was threatening Bagabuyo to get his wealth back, but it would person been a concern of angst, vexation and choler for Abdullah.

"His beingness savings are successful Mr. Bagabuyo's hands," Swartz said.

'Unfolding successful the moment'

Swartz said the sidesplitting was "unexpected" and Bagabuyo was "left with what to bash with this body," which is evidenced by his movements aft the killing, including enlisting the assistance of an aged person to rent a van and find a spot to dispose of the body.

He said the brace drove aimlessly astir the B.C. Interior connected March 16, 2022, "looking for [a] brushed spot to excavation and dispose of this tote." When they couldn't find 1 — due to the fact that the crushed was inactive frozen — they planned to conscionable again connected March 18, Swartz said.

"Things are unfolding successful the infinitesimal and he's rolling with it," helium said of his client.

Swartz said it is grounds that determination is "lack of a factual plan."

He besides addressed Bugabuyo buying items including a hacksaw connected March 13, which the Crown suggested helium planned to usage to dispose of the body. Swartz said purchasing the items 2 days aft the execution suggests helium had not planned the death.

"You'd deliberation if you're capable to deliberation that intricately astir immoderate of those insignificant details … surely you'd deliberation I'm going to person a assemblage connected my hands aft this and I'm going to person to woody with it."

Rogelio Bagabuyo's defence counsel is arguing the sidesplitting was unplanned and unexpected. (Submitted by Kamloops Collaborative Family Law Association)

Bagabuyo was arrested connected March 18, 2022, the time aft the assemblage was discovered wrong the tote by his friend's grandson.

The Crown lawyer told the tribunal this week that Bagabuyo methodically planned the execution for much than a week and should beryllium convicted of the astir superior charge.

A 'planning note'

Ann Katrine Saettler told Justice Kathleen Ker that the acquisition of a ample tote earlier the murder, successful which Abdullah's assemblage was found, and a "planning note" written by the accused were each grounds of the plot.

Saettler said the enactment was written by Bagabuyo earlier the killing, reminding him to container everything after, not to bring his mobile telephone oregon E-watch, to crook disconnected his GPS and to propulsion his garbage out, Saettler said.

But Swartz said his lawsuit purchased the tote to woody with files astatine his bureau and the enactment was utilized arsenic a reminder of what to bash portion disposing of the assemblage — not a program for murder.

"This is idiosyncratic who picks up a papers [and] starts penning retired things successful a panic of what to do, not idiosyncratic who, backmost connected March 1, made a determination and weighed retired what needs to occur, what steps to take," Swartz said.

After the murder, the Crown said Bagabuyo wrapped Abdullah's assemblage successful integrative sheeting, enactment a garrote astir his neck, placed him successful the bin and secured it with ratchet straps. He past hauled the bin into his car.

But Swartz said the garrote was "not really utilized successful immoderate mode successful the committee of the offence."

He said determination were nary ligature marks astir Abdullah's cervix and helium suggested to the tribunal that it whitethorn ne'er person been astatine the bureau but could person been utilized by Bagabuyo arsenic a mode to assistance him manoeuvre the assemblage successful the days aft Abdullah's death.

'Dealing with the aftermath'

Saettler said Tuesday during her closing submissions that a instrumentality bureau was an "ideal place" to perpetrate a murder, arsenic determination are peculiar conditions for constabulary searches of instrumentality offices.

An RCMP van is seen extracurricular the signifier of Rogelio Butch Bagabuyo successful Kamloops, B.C., connected March 22, 2022. (Doug Herbert/CBC)

But Swartz said the building, which was nether restoration aft a fire, would person had contractors and others entering the gathering and "there is nary grounds that Mr. Bagabuyo had been fixed immoderate beforehand cognition of" erstwhile radical would beryllium coming and going.

Swartz besides noted that Bagabuyo had "everyone's gathering code" arsenic helium had acceptable up the alarm strategy and could person avoided utilizing his ain if helium had planned the murder.

He said Bagabuyo could person besides picked a much isolated country oregon adjacent his ain residence if helium had planned the murder.

"It's each unexpected and he's dealing with the aftermath," Swartz told the tribunal Wednesday.

Bagabuyo was initially charged with indignity to quality remains connected March 18, 2022, past charged much than a twelvemonth aboriginal with first-degree murder. He's been retired connected bail since July 12, 2023.

Final arguments are scheduled again for Thursday.