3 of 5 men found guilty in McMynn kidnapping trial

Three of the five men charged in the brazen daylight kidnapping of the son of a wealthy Vancouver businessman more than two years ago have been found guilty.

B.C. Supreme Court Judge Arne Silvermanhanded down his verdictsFriday afternoon in the kidnapping trial of Graham McMynn.

Anh The Nguyen, Van Van Vu, Joshua Ponicappo, Jose Hernandez and Sam Taun Vu, all between the ages of 19 and 22 at the time of the abduction,were each charged with one count of kidnapping and one count of unlawful confinement.

The judge, who tried the case without a jury, found Nguyen and Hernandez guilty of both charges, whileSam Taun Vu was found guilty of unlawful confinement. Sentencing was set for Oct. 29.

'I truly believe the other two were as involved as the three convicted.' Robert McMynn, father of kidnap victim

The judge described Hernandez as a "full participant" of the crimes he was charged with, while Nguyen was a "planner, organizer" involved in the transfer of McMynn to three different hideouts. Vu was described as a "full participant" ofillegally confining McMynn, now 25.

Vu's brother, Van Van Vu, and Ponicappo were found not guilty on both counts.

The kidnap victim's father said after the verdicts that the court system seems to favour criminals.

"I truly believe the other two were as involved as the three convicted," said Robert McMynn, owner of Century McMynn Leasing, a company that leases buses throughout North America.

"From my point of view, the burden of proof in our justice system very much favours the criminal, not the police department."

Graham McMynn, who was not in court Friday,was a student of the University of British Columbiaat the time of the incident. He was forced out of his car at gunpoint as he drove down a South Vancouver street on April 4, 2006. The McMynns live in the city's affluent Southlands neighbourhood.

Policemade a breakthrough inthe case eight days later and rescued McMynn. McMynn'sgirlfriend,who was in the car withhim when he was abducted,had recorded the licence plate of the getaway vehicle. No ransom was ever demanded.

The lengthy trial began in February 2008 and continued on-and-off until early September, with the Crown calling more than 100 witnesses and reviewing more than 1,000 exhibits.

Judge suspicious of acquitted men's involvement

The judge announced the verdicts Friday afternoon after spending several hours reading a lengthy judgment.

Silverman said he "suspects" Ponicappo was involved, but the Crown had failed to establish guilt beyond a reasonable doubt.

He also said there was insufficient evidence to suggest that Van Van Vu was at the scene of the abduction, although there was evidence connecting him to the second and third houses where McMynn was held.

Silverman said he was "suspicious," but it was possibleVu was merely present at the house where McMynn was held, without knowing McMynn was there.

Van Van Vu's defence lawyerLawrence Myers said outside the court his client was relieved.

"He's spent almost 15 per cent of his life in custody; it's 2 years. and he's just 20 years of age," Myers said.

A young offender connected to the case is scheduled to go on trial in youth court in January.