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A BC massage therapist jailed for sexual assault was allowed to have his trial in his native tongue even though only three interpreters exist in the whole country and he has had an extensive education – all done in English.

According to an April 23 BC Supreme Court decision, Ajesh Jacob argued he needed his trial conducted in his first language, Malayalam.

While the Charter of Rights and Freedoms guarantees non-English or French speakers interpreters in court, it normally only applies to those who don't speak an official language.

And Jacob didn't appear to fit that bill.

Born and raised in India, Jacob had all his regular schooling taught in English. He then went on to complete a Bachelor’s degree, also taught in English, and has a Master's degree in English Language and Literature.

His English proficiency was also good enough for a Canadian school as since moving here in 2018, he'd completed a two-year diploma – in English.

However, Jacob still demanded a Malayalam interpreter for his trial.

The decision said Jacob is from the Kerela region of India and his first language is Malayalam. The language is rare in Canada and only 1,200 people speak it in B.C. Only three qualified interpreters exist in the entire country, two in Ontario and one in Alberta.

While Crown prosecutors could have argued against an interpreter they didn't.

And BC Supreme Court Justice Catherine Murray didn't seem swayed that it was necessary.

"Although Crown has conceded that Mr. Jacob needs an interpreter for this trial, I am satisfied that he has a high working level of English... for him to have been able to successfully complete a university degree and a college diploma that were taught entirely in English, Mr. Jacob must be able to comprehend, speak, and read English at a level higher than many native English-speaking people are capable of," Justice Murray said in the decision. "Plus, Mr. Jacob has been communicating in English since he moved to Victoria approximately six years ago."

BC Supreme Court Justice Catherine Murray reiterated she was satisfied that Jacob had a high level of competency in English.

"Nonetheless, the Crown concedes that he requires an interpreter for this trial," the Justice said.

The case dates back to 2021, and in March, Jacob was sentenced to two years in jail for sexually assaulting five women between 2019 and 2021 while working as a massage practitioner at Big Feet in Victoria.

His trial began in early 2023 and he was granted an interpreter.

READ MORE: 'No longer silenced': Vernon hockey coach jailed for historic sexual assault on teen

However, the trial ended in a mistrial, and when a second trial began months later, Jacob's lawyer successfully argued the interpreter wasn't impartial and objective.

This led to a delay and two new interpreters to be found – the only two in Canada or the Western U.S.

Once hired and the second trial had begun, Jacob's lawyer Jordan Watt then challenged the competency of both interpreters.

This led to four more days of court time as the lawyers argued about why the interpreters weren't competent.

The decision said Jacob complained that the interpreters used English words which could have several meanings.

"While it is true that many words have different meanings, it is not for the interpreter to tell Mr. Jacob what was meant. That is a question for Mr. Jacob’s (lawyer)," the Justice said. 

In his criticism of the interpreters, Jacob's lawyer argued that his client needed help with complex legal terms and concepts.

The Justice didn't buy it.

"It is not for the interpreter to explain legal terms or case names to accused persons. That is counsel’s job," Justice Murray said.

After four more court days the the Justice ruled there was nothing wrong with the interpreters.

"I watched Mr. Jacob and the interpreters very closely over four full days. I am satisfied that both interpreters are competent," the Justice ruled.

There is no mention in the decision of the cost of Jacob's interpreters or the delays associated with them.

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