An Indian real estate agent claimed it was a 'cultural misunderstanding' when he lured a young boy into his yellow Chevrolet Camaro as he pleaded with a judge not to deport him.
Manoj Govindbalunikam, 37, was handed an 18-month sentence earlier this month for abducting the nine-year-old in August 2023.
He had pleaded guilty to picking the boy up from the side of a river in Brampton, Ontario, and buying him ice cream and toys, and police found cellphone photos of the victim eating the treat and of them together in his eye-catching car.
In court, the realtor's defense attorney requested that his punishment be reduced to only a conditional discharge, which would allow him to avoid being deported to
India upon release.
'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 argued, per
CTV.
Govindbalunikam's attorney argued that the incident was a misunderstanding, saying that in India, the offer to the young boy 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,' his attorney told the judge.
Despite his guilty verdict, Govindbalunikam also claimed in his pre-sentencing report that he felt the charge was racist, and said he had 'never experienced racial discrimination until his arrest.'
His attorney continued: '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 argument that the abduction was a 'misunderstanding' was rejected by the judge in his case, who sentenced him to 18 months behind bars.
According to police, Govindbalunikam approached the child after driving up to him at the mouth of the Thessalon River in Brampton, Ontario.
He lured the nine-year-old into his car with a fidget spinner and gave the child his business card for his real estate business, police said.
After initially leaving the child at the river, Govindbalunikam then stopped him again soon after as he was walking home, and offered him a ride.
He told the boy to leave his bicycle and fishing gear at a nearby curling club because there was 'no room in his vehicle', before then driving him to a nearby tavern 'where he purchased an ice cream for the victim,' authorities said.
According to the court's sentencing decision report, Govindbalunikam was caught when two people at the tavern knew the boy but did not recognize the realtor, and they notified his parents when they became concerned.
The boy gave Govindbalunikam his home address, but after driving him close to his home, Govindbalunikam 'slowed but did not stop' and continued past the residence, the report said.
Soon after, the boy's father spotted his son sitting in the front of the yellow Camaro and confronted Govindbalunikam in his vehicle.
The realtor then gave the father his business card, leading the father to tell him to 'leave the community' before retrieving his son from the car.
Govindbalunikam was arrested the next day, at which point he told police the situation was a 'misunderstanding' and he did not intend to abduct the boy.
In a search of his phone, police found photos of the boy eating ice cream in his Camaro, and another image of him with the victim by the river.
The argument that the situation was a 'cultural misunderstanding' was rejected by Justice Michael Varpio, who said that Govindbalunikam was an intelligent person who had lived in Canada long enough to 'understand Canadian cultural norms.'
His pre-sentence report said that Govindbalunikam has a degree in aerospace engineering from India, as well as a master’s degree in the same subject from the University of Toronto, per CTV.
'Mr Govindbalunikam has been here for over a decade and has worked in two demanding fields,' the judge said.
'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.
'Society cannot allow adults to simply abscond with young children and drive them around for their own purposes.
'Accordingly, my sentence must send a clear message to both Mr Govinbalunikam and to society at large that those who abduct our most vulnerable citizens (in this case, children) need to be held accountable for their actions. Anything less than a meaningful custodial sentence would not accomplish this aim.'
