By Peter Small
A judge has convicted a Toronto police constable of sexually assaulting a masseuse while supposedly inspecting the spa where she worked.
Det.-Const. Mandip Sandhu’s claim that he was a helpless victim as the much-smaller masseuse forced herself on him and performed oral sex defies common sense, provincial court Justice John Moore ruled Tuesday.
“I am left with absolutely no doubt whatsoever” as to his guilt, Moore said.
Sandhu, 37, testified in October it was a “lapse of judgment” that led him to receive oral sex from the masseuse at the North York massage parlour in June 2010.
The 44-year-old woman, whose identity is protected by a publication ban, testified that Sandhu made her perform the sex act, then warned her not to tell anyone.
She said she spat onto a face cloth afterward. The DNA on the cloth matched Sandhu’s, court heart.
Sandhu testified that he’d decided, as a plainclothes officer at the 31 Division police station, to go alone to inspect some massage parlours for bylaw infractions on that morning.
When Sandhu arrived at the “holistic spa,” the woman, wearing a skimpy miniskirt, let him in the door smiling, he told the court.
He posed as a customer, and after she told him the price of a massage, he asked, “Do you do anything else?”
He said he hoped to catch her offering to perform a sex act — both a bylaw infraction and criminal offence.
She offered to perform oral sex for $100, he said.
After he identified himself as a police officer and wrote down her licence information, he said he went to take a look upstairs.
The complainant followed him into one of the massage rooms, and said “I give you,” while dropping to her knees and undoing his zipper, he testified.
Sandhu maintains he said nothing to the woman and never laid a hand on her during the sex act.
But the judge said he had no doubt whatsoever that the masseuse’s testimony was true and Sandhu’s was false.
“I accept her testimony that she was intimidated by the fact that he is a police officer ... and that she unwillingly succumbed to his demand that she perform oral sex on him.”
Sentencing arguments are set for April 30.