Local businessman to appeal sexual assault conviction

EDITOR’S NOTE: A previous version of this article described Dasa Subramaniam as the owner of Soo Blaster and The Taj restaurant. Although he has repeatedly described himself as owner of both establishments in the past, incorporation records list his wife as the president and sole director of both companies, and lawyers for the restaurants advise SooToday that Mr. Subramaniam does not own or operate the companies. The article has been edited to clarify this fact.

A local businessman who was found guilty last year of sexually assaulting a woman is appealing his conviction after being granted a conditional discharge last week.

Dasa Kumar Subramaniam, 46 — who, according to the court judgment, operates two successful businesses in Sault Ste. Marie and two others in White River — was found guilty of a single count of sexual assault on Feb. 22, 2022 following a two-day trial.

A publication ban prohibits reporting any information that could identify the victim.

In a 22-page sentencing decision, released last week, Ontario Court Justice John Condon concluded much more could be gained by education and counselling for the offender than a short custodial sentence.

On Wednesday, a higher court judge stayed the sentence — which included 18 months probation — pending Subramaniam's appeal on the conviction. A date has not yet been set for the appeal to be heard.

The charge stems from an incident that occurred more than three years ago. The victim was employed by Subramaniam at the time.

Subramaniam was found to have touched the front of the woman's body over her clothing for about 30 seconds, and then grabbed her buttocks for a few seconds.

The Crown was seeking a short, sharp custodial sentence of 30 days.

Prosecutors David Didiodato and Simran Singh cited a number of aggravating factors, including the sexual conduct of the offender and the misuse of his position of trust as an employer.

They also noted the serious and lasting effect of his conduct on the victim, his lack of insight towards the impact it had on her and his lack of remorse.

Denunciation is the key sentencing principle in this case, followed by the need to deter others in similar positions, as well as deterring Subramaniam, the assistant Crown attorneys argued. 

Defence lawyer Murdoch Carter called for a conditional discharge, pointing to a pre-sentence report that painted "a very favourable portrait" of his client.

Subramaniam — also known as Dasa Kumar — moved to Canada from Sri Lanka in 2002 in pursuit of a better life. According to the court judgment, he now operates four successful businesses, two located in the Sault and two in White River.

Carter said references from family, friends and business associates described him as "hard-working, conscientious, of good character and community minded."

In previous public statements, including interviews with SooToday, Subramaniam has repeatedly described himself as the owner of both Soo Blaster and The Taj. However, corporate records for both companies — Soo Blasters Inc. and The Taj Indian Cuisine Ltd. — list his wife, Sharmila Dasa Kumar, as the president and sole director, and lawyers for the restaurants say Subramaniam does not own or operate either business.

In his sentencing decision, the judge made note of the fact that Sumbramaniam’s “wife has publicly expressed her support and has demonstrated that support by being present consistently at the various court dates.”

The defence argued that the conduct Subramaniam was found guilty of was momentary, without threats or violence, and that there is no evidence of any similar behaviour with any other employee or female.

In his decision, Condon said there were both aggravating and mitigating factors to be weighed.

He also pointed to the gravity of the offence, indicating there were two perspectives that must be considered.

The misconduct was very brief, involved neither a threat to the complainant nor physical violence and no physical harm was inflicted upon her, the judge said.

"On the other hand, the psychological impact" on her "has been significant," he said, citing a number of aftereffects she outlined in her victim impact statement.

They included anxiety, depression, and a residual state of mind that has caused her to be uncomfortable around men who are in "higher positions."

While there was no physical impact upon the victim, "the psychological impact has been long-lasting and grave," Condon said.

Referring to the mitigating factors, he noted Subramaniam has no criminal record, has the ongoing support of his family, and is held in high regard by friends, current employees and business associates.

"The totality of the evidence indicates that Mr. Subramaniam presents little risk of reoffending and, accordingly, little, if any risk to his current employees and the community at large."

Subramaniam was sentenced to probation for 18 months, with conditions that include no contact with the victim and a requirement that he perform 36 hours of community service.

He must also participate in all directed assessment, counselling or rehabilitative programs, including those for sexual behaviour or sexual offender relapse prevention. 

Condon ordered him to provide a sample for DNA analysis.

As well, the judge noted there is an outstanding issue regarding a potential Sex Offender Information Registration Act (SOIRA) order.

He reserved decision on that matter so the lawyers can make further submissions on it.