Police mum on telling Malaysia about rapist
Canadian authorities say they plan to deport Toronto serial rapist Selva Kumar Subbiah to Malaysia when his prison term expires later this month, but they won’t say whether they plan to warn police or the public there.
Subbiah, 56, is eligible for mandatory release Jan. 29 when his 24-year prison term expires, even though prison staff have warned there’s a high risk he will reoffend, or even kill.
Subbiah was 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.
“Would any Canadian think it is fair to dump a person into their home country without telling them about his many convictions?” said Paul Normandeau, the retired Crown attorney who helped send Subbiah to prison.
“Is Canada not friendly with Malaysia? Would it not be a serious diplomatic breach not to follow through with competent authorities in Malaysia?”
Prison staff have warned there is a high risk Selva Subbiah will reoffend, or even kill
When he sentenced Subbiah to prison, Justice David Humphrey of the Ontario court, general division, ordered police to accompany Subbiah back to his native Malaysia and give police there his extensive criminal file.
A Canada Border Services (CBSA) statement said that Subbiah will held in custody when he’s released from prison this month so he can be deported to Malaysia. However, CBSA won’t say whether Subbiah will be escorted from Canada by guards, as Humphrey ordered.
“If the Canada Border Services Agency (CBSA) 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,” it said. “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 statement cited security and privacy concerns as it declined to answer whether Malaysian police and the public would be warned about Subbiah.
“The safety and security of the person being removed and any escort is paramount,” it said. “The enforcement of a removal is protected under the Privacy Act.”
In response to questions from the Star, the agency said Subbiah is under a forcible deportation order and that his appeals time has run out.
“An individual has 15 days to appeal the order from the date of issue,” the unsigned message said. “Mr. Subbiah’s appeal period has ended. Once released by Corrections Canada, he will be held in CBSA custody until he is removed from Canada.”
One of the women that Subbiah raped warned that he should be taken extremely seriously.
“They can’t take it lightly,” said the woman, who was in her early teens when she was attacked. “They can’t just sweep it under the rug and hope for the best.”
The Star agreed not to identify her because of her security concerns.
Subbiah was told in a June 2016 parole hearing that he’s 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,” the parole record from that parole hearing states.
“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.”
Subbiah made no comment at that hearing.
Subbiah arrived in Canada in 1980 and never obtained permanent resident status.
He was granted student and visitor’s visas, claiming he attended McMaster and Ryerson universities, where he said he was a divinity student.
“The CBSA is conducting a thorough review on the details of his removal to mitigate any danger to the public when he is removed.” CANADIAN BORDER SERVICES STATEMENT