Serial rapist fails in flimsy claim against prison, parole officials

Imprisoned serial rapist Selva Subbiah(inset) is an outrageous manipulator, in addition to his well-established record as a pernicious predator who has exploited and assaulted women and young girls, but his latest ploy fell flat. The Federal Court rejected Subbiah’s claim of negligence and breach of privacy against Corrections Canada and the Parole Board of Canada. Though the court didn’t say it, Subbiah’s claim was a laughably transparent attempt to extort money from the government after Subbiah was stabbed in May 2009 during a dispute with other convicts at Kingston Penitentiary. Remarkably, Subbiah claimed that he was attacked because his monstrous criminal past was exposed when Cancrime posted online a copy of a December 2008 parole decision. Subbiah, who is serving a 24-year prison sentence after he was convicted of 75 crimes, including 26 sexual assaults, claimed in his Federal Court action that it constituted a breach of privacy when the Parole Board released the written record of that 2008 decision. He claimed that other inmates at Kingston Penitentiary learned the details of his criminal past because of the release, though he conceded that convicts don’t have access to the Internet. He also claimed that Corrections Canada was negligent for failing to take steps to protect him from threats. The court ruled (read full decision below also) that “there is no causal connection between the stabbing and the release of the Decision; and, (b) that there is no negligence on behalf of either the PBC or CSC.”

The claims were patently absurd, since Subbiah had been at KP for more than a decade. His criminal past as a serial predator who stalked, drugged and raped women was well known. During a hearing held over Subbiah’s claim, prison authorities explained that a television documentary that catalogues Subbiah’s abuses – described by a judge as “so disgusting and so vile that no punishment ascribed by this court would do justice to you” – was freely available to other Kingston Pen inmates on TVs in their cells. His case received substantial news coverage when he was convicted in 1992 and 1997 and again in 2002, when he was caught trying to manipulate women by telephone from prison. Newspapers are available to prisoners. Subbiah gave evidence during the Federal Court case. In the decision, the court said his testimony was “evasive” and at times he “overstated” his case. The judicial official was being kind. Subbiah claimed authorities were negligent for failing to protect him, yet he acknowledged that he didn’t ask to be segregated after he became aware of threats in the institution. There was evidence that he was involved in a scheme in which he was selling cleaning supplies to fellow convicts and he ran afoul of some of his business associates and/or customers.

The Federal Court decision is the second failure this year for Subbiah. In June, the Parole Board confirmed a detention order that is in place. It allows Corrections to keep him locked up until his sentence expires in January 2017. The board concluded that Subbiah is still too dangerous to release – an official in an high-intensity sex offender treatment program assessed him in December 2011 as a high risk to commit new violent crimes and new sex crimes.

“Program gains are reportedly minimal as you continue to demonstrate a lack of insight or remorse, present as manipulative and tend to miminize your role with certain offences,” the parole board document states.

Subbiah will be deported to his native Malaysia as soon as he is paroled or when his sentence expires. Subbiah was in medium security for a time, but he returned to the Regional Treatment Centre (inside KP) and then to Kingston Penitenitary in January 2013. Sources tell me that he was shipped to the new KP-unit created at Millhaven Institution when Kingston Penitentiary was closed in September this year.

In addition to sexual assault, Subbiah’s criminal record includes convictions for overcoming resistance by administering or attempting to administer a drug, administering a drug or noxious substance, procuring a person to become a prostitute, anal intercourse, assault with a weapon, assault causing bodily harm. Among his known victims, four were under the age of 18 and the youngest was 14. Police believe that he preyed on at least 500 women, and perhaps as many as 1,000, after he arrived in Canada in 1980, before he was first convicted in 1992. Two Toronto officers, constables Brian Thomson and Peter Duggan, were dogged in their pursuit of Subbiah.

Here’s the Federal Court Decision:

Here’s the June 27, 2013 Parole Board decision confirming the detention order against Subbiah:

» Read all past coverage on Subbiah

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