Sault judge hears sentencing arguments in Thessalon child abduction case

Brampton realtor Manoj Govindbalunikam, faces sentencing after pleading guilty to child abduction for luring a nine-year-old boy into his car with ice cream.

Sentencing submissions were made Tuesday in the case of a Brampton Realtor who pleaded guilty to child abduction in a 2023 incident in Thessalon, Ont.

Superior Court Justice Michael Varpio heard submissions from defence lawyer Jessica Belisle and Crown attorney Adrianna Mucciarelli for Manoj Govindbalunikam, 37, who appeared in court virtually.

The agreed statement of facts said Govindbalunikam was in Thessalon in August 2023, looking for properties, when he met the boy who was fishing.

The Realtor lured the boy into his car with the promise of ice cream, a fidget spinner and a ride home, then took pictures of the child.

The boy’s father later stopped the vehicle and retrieved his child.

‘Cultural misunderstanding’

Belisle requested a conditional discharge for Govindbalunikam and asked the judge to consider the case as a cultural misunderstanding, given that her client is not originally from Canada.

But Varpio challenged that stance since Govindbalunikam has been in Canada for more than a decade, is highly educated and has held prominent positions.

Belisle also asked the judge not to consider the case as grooming but “poor judgment rather than predatory behaviour.”

Crown wants two years

She said there was no evidence of the key hallmarks of grooming, including gift-giving, adding that Govindbalunikam gave the boy his business card that included his picture.

Those comments prompted several outbursts from the boy’s father, who was attending court via Zoom.

The Crown is asking for two years in prison, 18 months of probation and for Govindbalunikam’s actions to be deemed as grooming.

Mucciarelli said there was no merit to the argument that this was a case of cultural misunderstanding since the child had not asked for help or a ride home.

The judge will set a sentencing date Feb. 25. When making his decision, Varpio will take details from the pre-sentence report into account. That includes the offender’s background, character, history and circumstances. Govindbalunikam also filed an apology letter.

The maximum prison sentence for “abducting a person under 14 by taking or enticing” is 10 years.