Thursday, May 12, 2011

Calvin Barry

Father of missing teen Makhniashvili pleads guilty to aggravated assault

Isabel Teotonio

The father of a missing Toronto teen pleaded guilty Wednesday morning to three counts of aggravated assault in connection with two separate stabbing incidents — one involving a former neighbour and the other a married couple who once bailed him out.

Vakhtang Makhniashvili, whose daughter Mariam vanished outside her school in September 2009 — a disappearance that garnered international attention and launched an unprecedented search by Toronto police for a missing person — quietly uttered “Guilty” when arraigned.

Standing in the prisoner’s box, the 51-year-old, clad in a grey suit, told Justice Rebecca Rutherford he understood the allegations related to the incidents involving Sean Ure on May 7, 2010 and David and Delores Langer on Nov. 4, 2010.

The hearing at the College Park courthouse was put over until Friday, when prosecutor John Cisorio and defence lawyer Calvin Barry are expected to present an agreed statement of facts.

Wife Lela Tabidze, who attended the brief proceedings, later told reporters she is relieved a resolution is near.

“It’s not over yet,” she said. “But I feel so much better it’s coming to an end.”

The defence said it will be requesting a sentence of two years less a day, plus time spent in pre-trial custody, to be served in a provincial reformatory. The Crown indicated it will seek a penitentiary sentence. A psychiatric assessment of Makhniashvili was ordered under the Mental Health Act.

“It’s been stressful, but his wife has been sticking with him and his son has been supportive,” Barry told reporters outside the courthouse. “There’s been a lot of trauma with the missing child and what has happened in his life ... He’s been very stressed.

“There has been some precipitating factors … that do explain some of the aberrant behaviour on the part of (Makhniashvili).”

Following the two incidents, Makhniashvili faced additional charges, including attempted murder, but it is expected that those charges will be stayed or withdrawn.

According to previously published reports, the first stabbing occurred May 7, 2010, when Makhniashvili lived with his family in a rental highrise on Shallmar Blvd. Makhniashvili confronted neighbour Sean Ure about noise levels. An altercation ensued and ended with Makhniashvili stabbing Ure, wounding him in the stomach.

The argument reportedly occurred on a day when human remains were found in a park, which resulted in a flurry of media calls to the family and distressed Makhniashvili. The remains did not belong to Mariam.

At the time, Makhniashvili was charged with aggravated assault, assault with a weapon, forcible entry and four counts of threatening bodily harm.

David and Delores (who also goes by the name Rosita) Langer — a couple Makhniashvili had never met — posted $50,000 bail for his release.

Makhniashvili later learned his sureties, with whom he lived, were private investigators, who had taken a special interest in Mariam’s disappearance.

When he grew suspicious of the couple’s motives he contacted reporters in June and the couple withdrew their bail, which landed Makhniashvili back in jail.

His wife, who had moved to another unit near Yonge St. and Eglinton Ave. E., became his new surety.

Makhniashvili was placed under house arrest and the ensuing months were difficult for the family, including son George, who is now 18.

All the while, the disappearance of Mariam, who vanished at age 17 on Sept. 14, 2009 outside Forest Hill Collegiate, weighed heavily on the family.

Her disappearance jump-started an investigation by Toronto police that was unprecedented, largely because she appeared to have vanished without a trace.

Mariam and her brother had immigrated in June 2009 from the Republic of Georgia to be reunited with their parents, who had left the politically unstable country six years earlier. She spoke little English, had no friends, no boyfriend, and no money. And, according to her parents, had no reason to run away.

In their search, police canvassed about 6,000 homes near the school and family home, searched garbage transfer stations, viewed thousands of hours of security footage taken from buildings in the area and seized computers from two libraries that Mariam frequented. There were also reported sightings of Mariam in Western Canada, but it wasn’t her. To date, there is still no word on what happened to Mariam.

Her disappearance caused tremendous strain on the family and on Nov. 1, brother George failed to return home from school. His parents spoke with reporters, fearful their son was abducted — a fate they suspect befell their daughter.

After a night of wandering the streets, George returned home the next morning, but his disappearance prompted a series of media reports.

Something Makhniashvili read in those ensuing days upset him and on the morning of Nov. 4, he left home and headed for the Langer’s residence, near Greenwood and Queen St. E. He was armed with a knife. After the Langers came to the door, Makhniashvili attacked them, wounding both of them. David Langer was more seriously injured seriously than his wife and spent time in hospital.

Following the attack, Makhniashvili surrendered to police. He has been in custody ever since.

http://www.thestar.com/news/article/989558--makhniashvili-pleads-guilty-to-aggravated-assault