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Image Credit: Cliff MacArthur/provincialcourt.bc.ca

A Chilliwack man who faced certain deportation to India if convicted, was given a conditional discharge and 18 months probation Friday after pleading guilty in a Penticton courtroom to sexually assaulting a waitress outside an Osoyoos restaurant.

Mohinder Pal Singh Srao, 60, immediately admitted to the assault when confronted by Osoyoos police minutes after the incident took place.

Court heard Friday that Srao has no criminal record, took immediate action to seek counselling following the incident, has deep remorse for his actions and apologized to the court and victim profusely.

“It is disturbing to see a 60-year-old with a clean record admit to sexually assaulting a stranger,” said Judge Greg Koturbash. “This will forever stain what should have been a lifetime of integrity.”

The embarrassment this incident has caused to the Srao’s three children and their families is immense, said Koturbash, noting his daughter and her husband were in the courtroom Friday to show support.

“I’m sure your daughter will forgive him and assist him in keeping on a straight road,” he said.

It’s rare in Canada for a conditional discharge to be granted in any sexual assault incident “because of the damage it causes to victims and to society,” he said.

However, this case does have unique circumstances that must be considered as the accused is 60 years of age, has shown sincere remorse, has no criminal record, has taken full responsibility for his actions, sought out and attended counselling and has been looked at as a man of good character his entire life until this unfortunate incident took place, he said.

The fact this accused would almost assuredly have his 10-year work Visa in Canada revoked, resulting in deportation back to India, must also be considered, said Koturbash.

“If there was no conditional discharge, he risks almost certain deportation back to India and separation from this family,” said Koturbash.

Koturbash made it clear that if this accused breaks any of the conditions of his probation order over the next 18 months, he will face arrest and deportation back to India.

“If you do break any of the terms and reoffend in any way, then you’ll be leaving the country,” he said.

The fact assistant Crown attorney Danielle Borgia and defense counsel Sebastian Sekhon presented a joint submission on sentencing must also be considered as the Supreme Court of Canada has made it clear that joint submissions should only be ignored if they bring the administration of justice into disrepute, which could not be argued under all the circumstances of this case, said Koturbash.

Borgia told the court, Srao was at a restaurant in downtown Osoyoos on April 11 this past spring.

Inside the restaurant, the waitress was standing near a bathroom area when Srao approached and made contact with her and she believed he had grabbed her breast.

“She felt uncomfortable, but had brushed it off,” said Borgia.

A few minutes later, the same waitress went outside for a cigarette and Srao made his way outside, approached her and asked if he could kiss her and she immediately responded “no”, said Borgia.

Srao reached around and pulled the woman closer to him, kissed her on the cheek and grabbed her left breast, she said.

The waitress ran inside and told her husband -- who was at the establishment -- what had happened, she said.

The two went looking for the suspect, but he had headed westbound, said Borgia.

While chasing him, they called Osoyoos police and eventually they caught up to Srao and police arrived and arrested him, she said.

It appeared Srao was trying to apologize for his actions, but there is a distinct language barrier as he doesn’t speak good English.

Srao was charged with one count of sexual assault, released with conditions and has spent the past several months living with his daughter and her family in Chilliwack.

Srao has accepted responsibility for his actions from the day he was arrested and indicated in his first court appearance in July that he wished to plead guilty, said Borgia.

He sought out and completed 12 counselling sessions, she said.

The court can impose a punitive sentence that makes it clear inappropriate sexual touching is a very serious matter and punishes inappropriate behaviour without imposing a criminal conviction.

“In the Crown’s view, he has acknowledged the seriousness of his actions and proactively taken steps to address his inappropriate behaviour,” said Borgia.

Sekhon said his client is married with three adult children and arrived in Canada in March on a 10-year work Visa.

Being arrested and facing these charges is one of the most embarrassing things that’s ever happened to him, said Sekhon.

“He told me how embarrassing it was when he had to tell his daughter what had happened,” he said.

He repeated that Srao is deeply sorry for what happened, has taken counselling, accepted responsibility for his actions and has apologized to his victim.

As part of his 18-month probation order, Srao must not have any contact or communication with the complainant, not attend the Osoyoos restaurant, meet with his probation officer as ordered, attend counselling or education programs as directed by his probation offer and perform 20 hours of community service in Chilliwack. He must also submit a DNA sample to RCMP officers in Chilliwack within the next 30 days.

— This story was originally published by the Penticton Herald.

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