Clarion Staff
Dharam Brahmbhatt’s future in Canada is uncertain after being sentenced to four months in jail for committing sexual interference at his workplace.
The criminal matter was at provincial court for decision after a trial several weeks ago. Judge Robert Jackson had ruled that Brahmbhatt was guilty of committing sexual interference and all that remained was for the defendant to receive his sentence.
Monte Sheppard, the man’s defence lawyer, made a request to have the sentencing adjourned for one week to allow him to get his affairs in order. Sheppard said his client was living in Ontario and he needs the week to relocate his wife to Saskatchewan. He said the man has family in Swift Current and his wife does not speak much English.
Prosecutor John Knox said the Crown is opposed to the request to adjourn the sentencing. He said Brahmbhatt has known jail was an option since the end of February, so he had ample time to make the arrangements before the May 15 court date.
Jackson said there is a mandatory minimum of 90 days in jail and he has found the defendant to be guilty. He noted that nothing has changed since the end of February and Brahmbhatt has known jail is a possibility, so he believed the sentencing should proceed as indicated.
[emember_protected for=”2″ custom_msg=’For more on this story, please see the May 23 print edition of The Clarion.’]
The two options were a prison term or an acquittal. Sheppard argued that it is unfair for the court to expect his client to have made the arrangements with the potential for acquittal. Jackson said he agreed with the Crown.
Knox said a sentence of 12 months in jail followed by 18 months of probation would be an appropriate sentence because the charges are serious and the circumstances are aggravating. He noted that it involved counts of sexual interference and invitation to sexual touching to a person under 16 years of age.
He noted that the victim’s comments were believable and she testified with a demeanour of “quiet dignity.” Knox said the victim was 14 years old at the time. The Crown proceeded by the lesser route of summary conviction.
Court heard that Brahmbhatt was working at a restaurant in a small community when the assault occurred. The defendant was not a supervisor, but he held a position of seniority over the victim and the victim stated that she did not know what to do.
Knox said according to the facts of the case, the defendant rubbed up against the 14-year-old girl and he made an invitation for further sexual touching. The victim quit her job due to the incident, so it had a lasting effect, he said. The prosecutor wrapped up the position on sentencing.
Sheppard said the charges all stem from one evening, so it was not something that happened on several occasions. He noted that it was the first time his client had worked a shift with the victim. Brahmbhatt is 29 years old.
The defence lawyer suggested to the court that in a case where there is a risk of deportation, it should be given consideration by the court. If a person is incarcerated at the time a work visa expires, the person must leave Canada, he said.
He noted that his client was born and raised in India. He said Brahmbhatt received a degree in bio-mechanical engineering in India and he had received further education in Canada, but was working in the service industry when he was in Saskatchewan.
Sheppard said Brahmbhatt did not have a previous criminal record and he had worked with other young females in the past without incident. He said his client had no complaints from any previous employers. He suggested that the minimum sentence of 90 days followed by probation would be appropriate in the case.
The defendant told the court he has a plan that involves a future in Canada and he continued to claim his innocence. Jackson said he spent a great deal of time watching video and going over other testimony. He said his decision was final and Brahmbhatt was guilty.
Jackson said given the circumstances, he did not believe either position on sentencing was appropriate. He noted that he did not believe 12 months or 90 days in jail was appropriate in the case, so he set the length of sentence.
He sentenced Brahmbhatt to serve four months in jail followed by 18 months of probation. Conditions include not to be alone with people who are under the age of 16, not to be employed and not to be a supervisor of people under the age of 16 while he is on probation.
The judge ordered the defendant to take sexual offence counselling, and he is to report to probation after he is released. Brahmbhatt was ordered to provide a sample of his DNA and he was placed on the National Sex Offender Registry for life. Jackson also ordered him to pay two victim surcharges of $100 each.
[/emember_protected]
