Canada may deport convicted serial rapist to Malaysia without warning

Canada may deport convicted serial rapist to Malaysia without warning

Prison staff in Toronto warn there’s a high risk Selva Kumar Subbiah will reoffend or kill after his release from 24-year jail sentence.

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PETALING JAYA: A serial rapist who is reaching the end of his 24-year prison term in Toronto is expected to be deported to his country of origin, Malaysia, The Toronto Star reported.

However, Canadian authorities have not confirmed if they will inform their Malaysian counterparts on the move.

Selva Kumar Subbiah, 56, is eligible for mandatory release on Jan 29 and despite prison staff warning that he still carries a high risk of committing sexual assault, the Canada Border Services Agency (CBSA) may just let him return to Malaysia as soon as they possibly can.

CBSA say they will deport Selva when his prison terms expires but did not indicate if they would inform Malaysian counterparts or police of his impending arrival.

According to the daily, the facts of the case are that Selva had been sentenced to 24 years in prison in 1992 after being found guilty of 19 counts of sexual assault, 28 counts of administering a drug or noxious substance, 10 counts of various kinds of assault and a dozen other charges, including extortion.

He had moved to Canada in 1980 and never obtained permanent resident status. He instead had been issued student visas based on his claim of studying at a university in Toronto.

Records show that when Selva was sentenced back in 1992, judge David Humphrey of the Ontario court, had specified that upon his release, Canadian police was to accompany Selva back to his native Malaysia and give police there his extensive criminal file.

“Would any Canadian think it is fair to dump a person into their home country without telling them about his many convictions?

“Is Canada not friendly with Malaysia? Would it not be a serious diplomatic breach not to follow through with competent authorities in Malaysia?” Paul Normandeau, the retired Crown attorney who helped send Selva to prison, told The Toronto Star.

According to a statement released by CBSA, Selva will remain in their custody until he is deported to Malaysia. However, the agency did not specify if they would be sending their security personnel together with him on the flight.

“If the Canada Border Services Agency has reasonable grounds to believe that an individual could pose a danger to the public, officers will be deployed to escort the individual to their point of finality.

“The CBSA is conducting a thorough review on the details of his removal to mitigate any danger to the public when he is removed.

“The safety and security of the person being removed and any escort is paramount. The enforcement of a removal is protected under the Privacy Act,” the CBSA statement said.

CBSA also told the Toronto Star that Selva was under a forcible deportation order and that his appeal time had run out.

“An individual has 15 days to appeal the order from the date of issue, therefore, Mr Selva’s appeal period has ended. Once released by Corrections Canada, he will be held in CBSA custody until he is removed from Canada,” CBSA was quoted as saying.

A victim of Selva’s sexual assault has warned that he should be taken extremely seriously.

“They can’t take it lightly,” the daily quoted the woman as saying. The woman, who was not named for security reasons, was in her early teens when she was attacked by Selva.

“They can’t just sweep it under the rug and hope for the best,” she said.

In June 2016, just seven months before his release was due, a parole hearing had found that he should be still considered a grave risk to society.

“The CMT (case management team) believes that you are likely to commit an offence causing death or serious harm to another person prior to the expiration of your (parole) and therefore, is recommending that your detention order be confirmed.

“File information indicates that you continue to struggle in the areas of victim empathy, remorse and your inability to take full responsibility for your personal choices which results in your lack of mitigation in risk,” the parole record from that parole hearing states, according to The Toronto Star.

Records show that Selva made no comment at that hearing.

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