Dog breeder opts not to testify at first degree murder trial

Article content

ST. THOMAS – The once-high flying dog breeder Boris Panovski won’t be testifying at his first-degree murder retrial.

“The answer from Mr. Panovski is no,” defence lawyer Margaret Barnes told Superior Court Justice Marc Garson on Friday when asked if the 80-year-old Scarborough man, who has pleaded not guilty to first degree murder and attempted murder, would be giving evidence next week.

Article content

Barnes had been told Thursday that Garson needed to know Panovski’s decision so he could map out the schedule of the lengthy retrial that began on May 23.

Panovski’s decision on Friday is in direct contrast to his conduct at his 2018 jury trial in Goderich when he was in the witness box for five days where he denied he was responsible for the shooting death of Toronto-area businessperson Donato Frigo, 70, and the wounding of his wife, Eva Willer Frigo, 56, on Sept. 13, 2014.

The Frigos were shot while on horseback and training a field dog at the Hullett Provincial Wildlife Area. Both the Frigos and Panovski had been involved in the small, close-knit field dog world.

However, similar to the position taken at the 2018 trial, the Crown is arguing that Panovski had a longtime grudge against Frigo after Panovski was arrested at a prestigious field dog event in Waynesboro, Ga.

Before his arrest, Panovski had won two national titles with dogs belonging to wine magnate Gabe Magnotta and was at the top of his game and on the verge of a lucrative training and breeding career.

He had sold a champion dog named Panovski Silver to Frigo. After the arrest, Frigo changed the name to Belfield Silver.

Article content

The 2018 trial lasted eight weeks and ended with Panovski being convicted of first-degree murder and a lesser charge of aggravated assault. He successfully appealed the verdicts to the Ontario Court of Appeal who agreed that the judge’s instructions to the jury were unfair.

The trial was ordered moved to St. Thomas a year ago. Just before the case was to begin, Panovski switched defence lawyers and before a jury was selected, he opted to have the case tried by judge-only.

The retrial has dragged along, largely to allow Barnes to get up to speed with the huge case file and to fulfil last-minute requests to the Crown for more information such as police notes and interviews.

The defence has focused in on the most fragile part of the Crown’s case which is the identification of the shooter who ambushed the Frigos at the wildlife area. Descriptions of the man and his car with the tinted windows varied between eye witnesses.

Panovski told his girlfriend he had gone hunting on the same day of the shooting. Within two days of the incident, Panovski had cancelled his car insurance and gym membership, bought new luggage and booked a one-way ticket to Macedonia and left before police investigators had zeroed in on him as a possible suspect.

Article content

Barnes has questioned police officers about having “tunnel vision” about Panovski during their investigation.

Panovski’s decision not to testify strengthens the odds that the case could be finished at the end of next week, as Garson had suggested. Barnes has stripped back her witness list after discussions with the Crown and expects to have at least one last witness on Monday.

Closing arguments from Barnes and assistant Crown attorney Elizabeth Brown are scheduled to start Wednesday.

Garson has already signaled he will reserve his decision for at least a month once the closings are finished.

The trial continues on Monday.

jsims@postmedia.com

Article content