Boris Panovski granted new trial in Huron County shooting death

Boris Panovski will get another chance to prove his innocence in the 2014 death of Don Frigo.

He has maintained his innocence since being convicted of 1st degree murder in the brazen shooting death of Frigo at the Hullett Marsh near Clinton, Ont. in September 2014.

An Ontario Court of Appeals decision has granted Panovski a new trial, setting aside his 1st degree murder and aggravated assault conviction from June 29, 2018.

The three judge panel says the trial judge’s charge to the jury at the end of Panovski’s eight week trial was “inadequate, unbalanced, and therefore, unfair.” The panel also found the trial judge erred in allowing testimony from Panovski’s girlfriend at the time.

Moments after being found guilty in 2018, Panovski’s defence lawyer, Christopher Hicks, stated there were many issues with how the trial was conducted.Don Frigo, shot dead at the Hullett Wildlife Conservation Area near Clinton, Ont., is seen in this photo.

“Well, there were, through the curse of this very long trial, a number of very important and difficult issues that were resolved in a controversial manner. So we think there are good grounds for us to recommend an appeal to our client, Mr. Panovski,” said Hicks, outside the Goderich courthouse in 2018.

Panovski was found guilty of shooting and killing Toronto businessman Don Frigo, and shooting at his wife, Eva-Willer Frigo, while the couple were participating in a “bird-dogging” competition at the Hullett Wildlife Area, north of Clinton.

Panovski and Frigo knew each other previously through their participation in bird-dogging competitions across Ontario. At one point, Panovski lived on Frigo’s farm.

Huron County OPP continued to search the area around the Hullett Wildlife Conservation Area northeast of Clinton, Ont. on Sunday, Sept. 14, 2014 after a fatal shooting on Saturday. (Scott Miller / CTV London)
The Crown alleged Panovski blamed Frigo for his exile from the industry for alleged indiscretions and for renaming a champion dog, previously owned by Panovski. They said he was so incensed he travelled from Toronto to Clinton on Sept. 13, 2014, and shot Frigo, who was on horseback, and then shot at his wife, injuring her.

Panovski’s lawyer, at the time, had argued that there was no proof his client was behind the shooting, noting that Eva Willer-Frigo was unable to identify him as the gunman and that Panovski’s grandson said the car believed to belong to the gunman did not belong to his grandfather.

Panovski did leave for a trip to Macedonia one day after the shooting. He was the subject of a Canada-wide warrant before returning to Canada several days later and was arrested at Toronto’s Pearson Airport.

Panovski remains behind bars as he awaits a new trial. It’s unclear when that will take place.

The Crown could still appeal, Friday’s decision, to the Supreme Court of Canada.