Mississauga.com June 23, 2014

This article was originally published on www.mississauga.com, Monday June 23, 2014


Accused killer a ‘scapegoat’: Lawyer

Monday June 23, 2014
By Pam Douglas
Supplied by Brampton Guardian

BRAMPTON—The lawyer for one of two men charged in the savage stabbing death of Brampton realtor Devinder Kumar has told jurors her client was a “scapegoat” and a “dupe” who agreed only to rob the father of two— not kill him.

Darryl Plummer had no motive to kill the 38-year-old Kumar, a man he did not know, Plummer’s lawyer, Margaret Bojanowska told jurors in her closing address Friday at the end of his first-degree murder trial.

Bojanowska told the jury it was Plummer’s co-accused, Marlon Nurse, who knew the victim and harboured animosity toward him. She said Nurse killed Kumar, and had enticed Plummer to the scene so he could “point the finger of blame” at him for the murder.

Nurse and Plummer are both on trial for the Nov. 10, 2011 murder of Kumar, who was stabbed at least 29 times in the middle of the day on the side of a Caledon road.

The trial, wrapped up this week. Mr. Justice Steve Coroza will instruct the jury Tuesday and jurors are expected to begin deliberations Wednesday.

In her closing statement to jurors Friday, Bojanowska said the most powerful evidence jurors have to decide guilt in the case is “the evidence offered by Devinder Kumar himself”.

“He unequivocally identified his killer,” she told jurors. “He identified the one and only person with a motive, a deep-seated rage, a twisted purpose…”

As he lay dying on the side of The Gore Road, conscious but unable to speak because his vocal chords had been cut, Kumar pointed to the wounds to his abdomen, then pointed to Nurse, who was there telling police he was a witness to the attack, jurors heard during the trial.

Nurse was renting a house from Kumar on The Gore Road just north of Mayfield Road in Caledon, but their relationship soured when Nurse’s rent cheques began to bounce.

Nurse had told everyone, including Plummer, that he owned the house, and had built a fake reputation for himself as a successful businessman with money and an education, Bojanowska told jurors.

“Marlon Nurse is the ultimate manipulator,” Bojanowska told the jury. “He will stop at nothing to get his way.”

Kumar told Nurse in November 2011 that he had to move out after countless failed attempts to collect rent, and the pending eviction would have brought Nurse great embarrassment and shattered the illusion he had created, Bojanowska told jurors.

That enraged Nurse.

“Murder is a crime of passion,” she told the jury. “Marlon Nurse’s passions had been stewing inside of him for days, into a motive to kill Devinder Kumar.”

Plummer didn’t know anything about the issues between Kumar and Nurse, and his only interest was in robbing Kumar to get money to pay his rent at the motel he was living in, and a vehicle to drive around in.

“That Darryl Palmer would risk so much to gain so little makes no sense,” Bojanowska said.

Unlike Nurse’s lawyer, Bojanowska urged jurors to accept the Blackberry Messenger (BBM) messages exchanged between Nurse and Plummer and introduced as evidence by Crown Mark Poland.

“Not once does Darryl Plummer agree to commit murder,” she said of the BBM chats between the two co-accused. “He talks about money, his need for money and his intent to commit a robbery.”

Nurse enticed Palmer to come to the Gore Road house to participate in a robbery by telling him Kumar “rolls with deep pockets”, Bojanowska said.

“Even though it is abhorrent that he (Plummer) planned to rob Devinder Kumar, it does not make him guilty of murder,” Bojanowska told the jury.


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Margaret Bojanowska, B.A., LL.B., Barrister

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Toronto, Ontario M5S 2V6

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