"He has been a resident of Canada for too long to suggest that this was an innocent error," the judge said.
Manoj Govindbalunikam, 37, was given an 18-month sentence earlier in April after being convicted of abducting a 9-year-old boy in August 2023. He pleaded not guilty to abducting the boy and then buying the young lad ice cream as well as toys. Police later found photos of him with the boy in his yellow Chevrolet Camaro.
While in court, Govindbalunikam’s lawyer asked that his punishment be reduced to a conditional discharge. In doing so, he would be able to avoid getting deported back to India.
“A term of imprisonment of six months or more would render Mr. Govindbalunikam inadmissible under the Immigration and Refugee Protection Act, and he could face deportation,” the attorney said, per the Daily Mail. The lawyer claimed the incident was a misunderstanding and that luring the boy with the toys and ice cream would be “considered acceptable in his culture.”
“The subject also admitted offering the victim a toy and food as a kind gesture with no intention or desire to do something wrong or harmful,” the attorney argued.
Govindbalunikam also claimed that the charges against him were racist and that he “never experienced racial discrimination until his arrest.”
“He claims that conversing with any individual and offering transportation would be considered acceptable in his culture. As such, he claims that this offense is misinterpreted on how authorities have perceived his actions,” the attorney added in the hearing.
The explanation that the abduction was a “misunderstanding” was rejected by the judge. Police said that the real estate agent lured the boy to his car with a fidget spinner and then gave him his real estate agent business info. After the child went walking home, Govindbalunikam offered to give him a ride.
After telling the boy to ditch his bike, he drove the 9-year-old to a tavern where he “purchased an ice cream for the victim.” Witnesses at the tavern recognized the boy, but not Govindbalunikam, and called the police.
“Mr Govindbalunikam has been here for over a decade and has worked in two demanding fields,” the judge said in his ruling.
“I do not accept that this abduction was as a result of a ‘cultural misunderstanding’ whereby he mistakenly believed that it was acceptable to take a child. He has been a resident of Canada for too long to suggest that this was an innocent error,” the judge added.
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