Kamloops lawyer admits to killing client, claiming manslaughter instead of first-degree murder

“That’s correct,” replied Swartz.

Defense submissions are scheduled to take place later this week. Monday was scheduled for Crown lawyer Ann Katrine Saettler to share the Crown’s theory about what happened, and re-summarize evidence to support the prosecution’s claim that Bagabuyo planned the killing and his actions merit a first-degree murder conviction.

The prosecution’s case alleges that the two men began working together in 2016 when Abdullah retained Bagabuyo as his lawyer during his divorce. During this process, the pair planned to transfer a large portion of Abdullah’s savings for Bagabuyo to hold in trust, in an effort to keep the money from his ex-wife.

The Crown says Bagabuyo ‘improperly’ accepted those funds in trust and led Abdullah to believe he would eventually receive his money back. After Abdullah’s ex passed away, the Crown describes how he approached Bagabuyo about getting his money back, which resulted in Bagabuyo forging a legal document to convince his client that his money was at risk of being taken by his ex’s estate. They claim this document persuaded Abdullah that he needed to have Bagabuyo hold the funds for two more years.

Sometime after this, Abdullah got engaged to his girlfriend and planned for her to move to Canada and get married. The Crown alleges that Mr. Bagabuyo deliberately gave incorrect legal advice to delay Abdullah’s fiance from coming to Canada sooner and claims this was done to prevent his fiance from noticing what was going on with Abdullah’s money.

Prosecutors explained that, over the years he’d claimed to be holding the money in-trust, Bagabuyo had spent more than $774,000 of his client’s money on his own personal expenses.

Over time, though, the Crown description outlines how Bagabuyo began to realize Abdullah did not trust him anymore and was growing increasingly frustrated about not getting his funds returned. Eventually, a meeting was set between the two men at Bagabuyo’s law office downtown for March 11, 2022. Saettler says Bagabuyo led Abdullah to believe that a representative from KPMG would be there to begin the process of transferring his savings back.

The Crown’s explanation of the planning also pointed to the various items purchased in the days leading up to the killing. This included a second identical black storage tote that had been filled with legal papers and strapped down, which was allegedly done so it would look the same as the bin used to remove the body from the murder scene.

Saettler also described Bagabuyo turning off his backyard security cameras on March 10, to conceal the actions he took to prepare for the killing, not turning them on again until March 16.

Then, on the morning of March 11, 2022, Saettler says Bagabuyo dropped his daughter off at swim practice and went to his office at 6:20 a.m., which is when Saettler alleges he brought items inside to prepare for the killing. Shortly after 1:00 p.m. he returned to the office and the Crown surmises he had time to lay down protective poly sheeting.

The last known footage of Mohd Abdullah was captured at 3:13 p.m. that day, showing him walking up Victoria Street to the law office for their scheduled 3:30 p.m. meeting. Saettler says when Abdullah arrived, the Crown’s theory is that Bagabuyo stabbed him repeatedly with the intent to kill him.

Afterward, he wrapped Abdullah’s body in the poly sheeting, put the home made garotte around his neck, and folded his body into the storage tote bin. Ratchet straps were used to secure the lid, and Bagabuyo reportedly moved his vehicle closer to the office to load the items into the trunk. At one point, surveillance video presented earlier in court showed Bagabuyo struggling to get the bin inside the trunk and getting help from a passerby to lift it in.

Crown lawyers say it is not clear what exactly Bagabuyo did with Abdullah’s body between March 11 and March 15, but noted it is likely he kept the bin somewhere in his backyard. The prosecution’s case claims Bagabuyo purchased a number of items before and after the murder to deal with the body, including the two black storage totes, poly sheeting, gloves, a propane tank, a torch extension, two steel drums and more.

On March 15, Bagabuyo was contacted by an officer with the Kamloops RCMP detachment about their investigation into Abdullah’s disappearance. Abdullah had been reported missing to police after not showing up to work as expected. The Crown theory is that when police contacted Bagabuyo, he sped up and changed his plan to get rid of Abdullah’s body.

Bagabuyo is alleged to have contacted elderly friend Wynand Rautenbach after speaking with police and convinced him to help him with a task, the details of which he didn’t share. Rautenbach agreed and rented a Budget van in his name, and the following day, on March 16, 2022, the two men drove more than 600 kilometres around the Kamloops region to look for a place to bury the storage tote. They were unsuccessful and planned to reconvene on Friday, March 18, 2022.

The morning of March 17, 2022, two police officers went to Bagabuyo’s house to ask about Abdullah, and Bagabuyo lied to the officers about when he last saw Abdullah. By the evening of March 17, Rautenbach’s grandson suspected whatever Bagabuyo was involving his grandfather in was illegal. He decided to look in the van, discovering feet in the storage tote he’d opened, which led to RCMP being called.

Bagabuyo was arrested in a Tim Horton’s parking lot the following morning. Before getting out of the vehicle, Bagabuyo shoved the documents up his sleeve and tried to hide them from police by claiming client confidentiality privilege.

The Crown alleges one of the documents hidden up Bagabuyo’s sleeve was from March 11, 2016, and is a customer receipt from Scotiabank for a money transfer to Butch Bagabuyo in the amount of $137,000. That document was also found on Abdullah’s work computer in a folder titled ‘Butch’.

Other documents presented as evidence showed Abdullah naming Bagabuyo the sole executor of his will, and also giving him power of attorney. The Crown alleges the most recent copy of Abdullah’s will appears to have been drafted by Bagabuyo and gives himself ‘unfettered discretion’ to deal with Abdullah’s money.

Defense submissions are also scheduled to take place this week. A date has not been scheduled yet for when Justice Ker’s decision will be made.

by Dylana Kneeshaw

Kamloops lawyer admits to killing client, claiming manslaughter instead of first-degree murder

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