BC masseur guilty of sexual assault gets legal aid to pay for appeal

A BC massage practitioner jailed for two years for sexually assaulting five patients will be given legal aid to appeal his sentence.

BC Court of Appeal Justice Susan Griffin ruled that Ajesh Jacob could have legal aid pay for lawyer so he could appeal his conviction and sentence after an earlier request was declined.

During his original trial, Jacob had demanded an interpreter, despite the fact that he has a master’s degree in English Language and Literature. An interpreter had to be brought in from Ontario after no one closer could be found who spoke Malayalam, a language spoken in India.

Now, in his appeal, Jacob argued his interpreter made errors, and it impacted his ability to understand the proceedings.

Justice Griffin said that she couldn’t conclude that his argument was “meritless.”

The details are laid out in a Nov. 24 BC Court of Appeal decision, which goes through the numerous delays the court proceedings have had.

Jacob, who went by the name Sam, was originally charged with one count of sexual assault in May 2021, which happened while he was working as a massage practitioner at a business called Big Feet in Victoria.

After news of the charge became public, more victims came forward, and Jacob faced a total of 11 charges. Two charges were stayed, and following his trial, he was convicted of five charges of sexual assault and sentenced to two years in jail.

The judge at the trial found his evidence was contradictory, inconsistent and “did not make sense.”

The judge said he was in a position of trust and he’d exploited his victims who were in a vulnerable position. After the massage, he stood by the front reception desk while they paid to deter them from telling the receptionist. 

“The assaults had a significant impact on each and every complainant, who felt embarrassed, disgusted, and ashamed by no fault of their own,” the judge said.

The decision said Jacob has no money to pay a lawyer for his appeal from what was a complex trial.

Along with his arguments about the competence of the interpreter, Jacob also argued that the judge failed to take into account that under immigration rules, he would likely be sent back to India after his jail sentence, whereas a sentence of house arrest would allow him to stay in Canada.

“Given the complex nature of the issues, Mr. Jacob’s documented difficulties with navigating the legal system, and his current incarceration, he will likely find it challenging to prepare a factum and present his own appeal,” the Justice said.

The Justice said she couldn’t conclude that his appeal had no reasonable prospect of success and appointed a lawyer to represent him on his conviction appeal.

He’s not clear whether he will remain in custody awaiting the appeal.