A man convicted of sexual assault of a woman he met at a downtown Vancouver nightclub has been sentenced to three years in jail.
The conviction could impact the chances of Imran Zafar Jajja remaining in Canada.
The court heard that, on Sept. 30, 2016, C.L., then 21, attended a co-worker’s birthday celebration at a downtown Vancouver nightclub.
It was there she met Jajja, 44.
Surveillance video from outside the nightclub shows them leaving together at 12:02 a.m., Justice Lisa Warren said in her Feb. 25 decision released March 22.
However, the court heard, C.L. had blacked out after arriving at the nightclub and had no memory for about five-and-a-half hours.
Warren said C.L. remembers nothing from her nightclub arrival until she woke up alone in a room at Vancouver’s Main Street City Centre Motor Hotel the next morning. She had no recollection of how she got there.
“She has no memory of meeting Mr. Jajja and spending time with him on the evening in question,” Warren said.
When C.L. awoke, her dress was pulled up over her hips and her underwear and shoes were off.
C.L. testified it “seemed like [she] had had sex”, although she had no recollection of having done so.
Glacier Media has opted not to publish the graphic details of the case.
Jajja testified that he and C.L. met at the nightclub, had a couple of drinks together, and left together to get some food.
He said C.L. had been holding his hand and hugging him, and after they left the nightclub they discussed going to a hotel to have sex.
Jajja said that after eating some pizza, they tried checking into one hotel but there was no vacancy. He said they took a taxi to the City Centre Motor Hotel and got a room.
He denied part of the graphic allegations.
He claimed C.L. demanded $1,000 after the sex and he said he could pay her $500. He said the money demand made him nervous so he left but that he had suggested C.L. accompany him to an ATM where he could get money.
Warren accepted C.L.’s evidence and rejected Jajja’s.
The judge found C.L. was “incapable of subjectively consenting to sexual contact.”
Jajja left Pakistan at the age of 21 and immigrated to Switzerland. At 33, he left Switzerland and immigrated to Canada and became a permanent resident in April 2013.
“The conviction has already rendered Mr. Jajja subject to deportation for serious criminality,” Warren said.
The judge said Jajja would have the right to appeal to the Immigration Appeal Division where humanitarian and compassionate considerations, including the interests of his children, will be assessed.
“It is unlikely that the Immigration Appeal Division would outright allow the appeal but it may grant a stay,” Warren said. “He will have the opportunity to request an exemption from the minister on humanitarian and compassionate grounds, again taking into account the interests of his children.”
