A 37-year-old Indian real estate agent in Canada has been convicted of abducting a 9-year-old boy and now faces deportation after a court rejected his claim that the act was acceptable in his culture. Manoj Govindbalunikam was sentenced to 18 months in prison in April 2024 for abducting a minor in Ontario in August 2023. He pleaded not guilty to the charge.
Details of the abduction
According to court documents, Govindbalunikam lured the boy using a fidget spinner before giving him his business card and persuading him into his yellow Chevrolet Camaro. He told the child to leave his bicycle and fishing gear at a curling club, claiming there was no space in the vehicle. The boy was later taken to a tavern, where he was bought ice cream and toys. Witnesses at the tavern recognized the child but did not recognize Govindbalunikam and called the police. The boy was then driven close to his home, but the vehicle did not stop. The boy’s father eventually spotted his son in the front seat of the car and confronted Govindbalunikam, who gave him his business card. Police arrested him the following day. A search of his phone revealed photographs of the child eating ice cream in the car and another image of the boy taken by a river.
Defence argues cultural misunderstanding
During sentencing arguments, Govindbalunikam's lawyer asked the court to impose a conditional discharge, which would have helped him avoid deportation from Canada. The defence argued that the incident was a misunderstanding stemming from cultural differences, stating that offering food and gifts was normal in his culture. The lawyer said giving food and toys was a "kind" gesture by Govindbalunikam, with no intention to do anything wrong. He further claimed that conversing with individuals and offering transportation would be considered acceptable in his culture, and that the offense was misinterpreted by authorities.
Court rejects cultural defence
However, the Canadian court rejected this explanation. Justice Michael Varpio noted that Govindbalunikam had lived in Canada for over a decade and had worked in two demanding fields, including as a real estate agent. The judge emphasized that he was educated, holding a degree in aerospace engineering from India and a master’s degree from the University of Toronto. The judge stated, "He has been a resident of Canada for too long to suggest that this was an innocent error." The court did not accept the claim that the abduction was a result of a cultural misunderstanding.
Govindbalunikam claims racism
Govindbalunikam also alleged that the allegations against him stemmed from racism, claiming he had never experienced racial discrimination until his arrest. However, the court dismissed this argument as well.
Deportation proceedings
As a result of his conviction and sentence of more than six months, Govindbalunikam is now inadmissible under Canada's Immigration and Refugee Protection Act and faces deportation proceedings. His lawyer had argued for a conditional discharge to avoid this, but the court imposed a prison term of 18 months.
