Unsafe eatery owner fined $26,000
Raw sewage, mould made building unfit for diners, tenants
There was no sympathy on Tuesday for a co-owner of a company that operated a southwest restaurant that repeatedly violated Public Health Act regulations and endangered the health and safety of customers.
“It is clear that your pursuit of financial benefit was put ahead of your consideration of the rights and the human dignity of those residents of the premises and the food safety of the customers of the restaurant,” provincial court Judge George Gaschler told Salauddin Choudhury before meting out $26,450 in fines.
“This is utterly deplorable and deserving of the strong sanction that has been recommended to the court.”
Court heard the second-floor and basement suites had been condemned as unfit for human habitation because of numerous safety infractions, including windows far too small for emergency egress, massive mould, a leaking roof and 15 centimetres to 20 centimetres of raw sewage on the basement floor from a sewage backup.
Gaschler then recommended the joint sentencing submission presented by prosecutor Rob O’neill and defence lawyer Rob Bagga.
Choudhury, co-owner of Oh! Calcutta, which operated the Wicked Chili restaurant at 507 17th Ave. S.W., had spent a week in jail after failing to show up for his trial on April 16.
He remained in custody so he could attend his trial starting on Monday but, after meeting with Bagga just after O’neill had begun his case, he changed his mind and pleaded guilty to 20 charges related to the restaurant, two suites upstairs and another in the basement.
Despite his tardiness in showing up for trial, he fared much better financially than did his former partner, Ehsan Ali, on similar charges.
Last week, Ali was fined a total of $64,722 on 54 convictions by provincial court Judge Heather Lamoureux after trial.
Lamoureux refused to accept O’neill’s generous offer to lower the fines against Ali, because the offender had not provided any documentation to support his claim of poverty.
O’neill said outside court that Ali had been offered the same plea deal before trial as what Choudhury received, but he refused to accept responsibility.
“The big thing was the guilty plea by Choudhury, and he’s only dealing with 20 charges, instead of 54,” said O’neill. “It is also his financial circumstances and lesser involvement in the business. Ali was the main person and decision maker.”
Inspectors found numerous health and safety infractions in inspections in September 2010 and condemned the suites as unlivable.
By March 21, 2011, inspectors found evidence of immigrant staff members still living in the suites and ordered closure of the restaurant as well when evidence of the sewer backup was found.
A door had been placed across the sewage as a bridge to permit access to the makeshift living quarters in the basement, where beds were set up for three people to sleep.
Despite being condemned, both upstairs units and the basement were found occupied, with no explanation by the owners.
An outside stairway to the two upstairs suites had steps that were rotten and rickety with grass growing out of the boards, with no lighting along the stairs or on the landing.
There were also smoke detector violations, mould growing in cupboards, bedrooms and bathtub, and significant water damage from a leaky ceiling. Windows were far too small for proper egress in case of emergency.
Choudhury has until June 1 to make the first payment of $1,150, and until the end of December to pay the balance of the fine or he could go to jail for 326 days in default.