The Ontario Court of Appeal this week rightly dismissed the conviction appeals filed by Marlon Nurse, 37, and Darryl Plummer, 33, who were convicted of first-degree murder in the November 2011 slaying of Devinder Kumar, the well-known Brampton realtor.
At trial, court heard Kumar ran for his life after being ambushed and viciously stabbed at least 29 times, his neck almost severed in half, on the side of The Gore Road in Caledon. He collapsed in a pool of blood and as he lay dying with a police officer by his side, he pointed to a wound in his stomach, then pointed to Nurse, who was standing nearby, claiming to be an innocent witness.
Nurse’s lawyer argued on appeal that Kumar’s pointing gestures should not have been admitted as evidence that he was involved in the killing. Lawyers for both men argued chilling Blackberry Messenger (BBM) messages exchanged between the two accused should have been excluded because, although they were obtained legally, they were not fully analyzed until new forensic software was available a year later.
The appeal court rejected both arguments.
A married father of two, Kumar was lured to a house he was renting to Nurse on The Gore Road. The BBM messages showed the duo planned to rob and kill Kumar as they both needed money. Furthermore Nurse was anticipating being evicted by Kumar as he was behind on his rent.
The case shook up the community and generated a lot of media attention at the time. -CINEWS