R. v. Razavi Zadeh Date:, 2014 BCPC 394

Citation: R. v. Razavi Zadeh Date: 20141208 2014 BCPC 0394 File No: 232534-4-C Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA Criminal Division REGINA v. SEYED NIMA RAZAVI ZADEH EXCERPTS FROM PROCEEDINGS REASONS AT JUDICIAL INTERIM RELEASE HEARING OF THE HONOURABLE JUDGE C. BAGNALL BAN ON PUBLICATION 517 CCC; 486.4(2) CCC

Counsel for the Crown: J. La Porte Counsel for the Defendant: L. Myers, Q.C.; F. Arbabi Place of Hearing: Vancouver , B.C. Date of Hearing: December 8, 2014 Date of Judgment: December 8, 2014 [ 1 ] THE COURT: Seyed Nima Razavi Zadeh is charged on Information 232534-C-4 with seven offences. Counts 1 and 2, which are sexual assault and a charge laid under s. 246(b), arose on September 13, 2013. Counts 3 through 7, sexual assault, another charge under s. 246(

b) and three counts of breach of a recognizance, arose on July 11, 2014. The accused has been in custody since shortly after the latter date. This is my decision respecting bail for the accused. [ 2 ] GHB is the stupefying or overpowering drug in question here. GHB is a depressant, causing sedation and anaesthesia, sometimes used recreationally as an intoxicant. It is believed to increase libido. The onset of symptoms of use is relatively quick, estimated between 20 and 45 minutes. [ 3 ] The accused has no criminal record.

He is 32 years of age. [ 4 ] Circumstances alleged by the Crown respecting the events of September 13, 2013, are as follows. The accused and the complainant first met in June, 2013, by chance in the lobby of the building where the accused resides. They exchanged emails and texts and may have met on one earlier occasion, and then made arrangements to meet for a drink after work on September 13th. Each consumed two alcoholic drinks. [ 5 ] The accused told the complainant that he wanted to change his clothes, and they went to his apartment so that he could do that.

He offered her juice, which she declined, and tequila, of which she had a sip. The accused had said this was special tequila from Mexico. [ 6 ] The complainant began to feel weak and dizzy. She said that the next thing she was aware of, she was on the accused's bed and he was having sex with her. She was shocked at this. She resisted him and he began to yell at her. She attempted to call a friend and he tried to stop her verbally, not physically, as I understand it. [ 7 ] She left his apartment and sought help from the police. Her urine tested positive for a "significant" quantity of GHB.

Physically she presented with tenderness in her abdomen and four tears at the opening of her vagina. The latter injuries are consistent with her description of the event. [ 8 ] Mr. Razavi Zadeh was charged with sexual assault of the complainant and with administering to her an overpowering drug to enable him to commit sexual assault. His bail respecting these charges was dealt with on January 13, 2014. By consent of the Crown and the defence he was released on his own recognizance in the amount of $20,000 with no deposit but one surety in that amount.

His mother acted as his surety. [ 9 ] Thirteen conditions were attached to the recognizance. The important ones here are as follows. I am going to read conditions 6 through 10. [As read in]:

(6) You are not to have any contact with any adult female person in a private place unless an immediate family member is present or unless you have obtained in advance permission from your bail supervisor.

(7) You are to have no contact with any adult female who to your knowledge has consumed alcohol.

(8) You are not to be in any licenced dining establishment except in the circumstances where you are in the direct continuous company of more than one adult person, and solely for the purpose of consuming a meal or watching a sporting activity. The exception to this condition is you may be in a licenced dining establishment in the immediate company of an immediate family member.

(9) You are not to be in any establishment whose primary purpose is the retail sale or consumption of alcohol. This includes but is not limited to bars, nightclubs, lounges, pubs, beer and wine stores or liquor stores.

(10) You shall not possess any drugs as defined by the Controlled Drugs and Substances Act, save and except for those drugs for which you have a prescription. [ 10 ] The fact of the surety bail and the very restrictive conditions attached to the recognizance are a reflection of the concerns that arose due to the serious nature of these charges. It must be remembered that the accused is in his thirties and has no criminal record. It

is also apparent that the surety and the numerous conditions here were aimed at ensuring the good conduct of the accused while at largein the community awaiting his trial on the first two charges. [11] On July 10, 2014, Mr. Razavi Zadeh went on a first date with the complainant named in Counts 3 and 4. They went to a bar fordrinks first. He said then that he wanted to change his clothes, and they went back to his apartment so that he could do that. They drankgin and tonics and shots of tequila. The accused told the complainant that this was special tequila from Mexico. [12] This complainant had used GHB before.

She noticed a very salty taste in one of the shots of tequila she drank and she thought ithad GHB in it. She then experienced symptoms recognizable to her from her prior experience. She allowed certain sexual touching tooccur between herself and the accused. She recalled afterwards verbally declining sexual intercourse, and she recalled him removing herclothes and sex occurring nonetheless. She was not able to collect herself to leave his apartment. In the early morning hours she awoke. Her clothes had been put back on. She left the apartment and went to the police.

The accused was arrested. [13] A search of the accused's apartment was conducted by the police. The tequila found in his home contained GHB. No GHBwas found in the urine of the second complainant. She suffered no physical injury as a result of the events. [14] It is important that these complainants do not know one another. [15] The Crown submits that Mr. Razavi Zadeh must be detained on the secondary ground and also on the tertiary ground. Anumber of cases were referred to by counsel for the Crown and the defence, and I have read and considered them. They are R. v.Sanghera [2011] BCSC 994; R. v.

Abdel-Rahman [2010] BCSC 189; and R. v. Miles (ON SC), [2007] OJ 2118. [16] On behalf of the accused it was submitted that he is from a good family, although his childhood was somewhat dysfunctional;that he had a good record of employment until his arrest in July this year; and in effect, that the time he has spent in jail will ensure hisgood conduct in the future. It was submitted that conditions might be attached to a form of release that would protect the public. Forexample, the accused is prepared to reside at a recovery house.

I was told that a surety as high as $200,000 is available and that thesurety would again be his mother. [17] Defence agrees that Mr. Razavi Zadeh breached the conditions of his recognizance on the 10th and the 11th of July 2014. Theremainder of the circumstances alleged with respect to both dates in question are in dispute and will be determined at trial. [18] The defence highlighted the fact that the accused has elected to be tried in Supreme Court and has requested that a preliminaryhearing be held. Mr. Myers told me that the main purpose of the hearing will be discovery of the Crown witnesses.

That hearing ispresently scheduled for April, 2015. [19] On behalf of the accused Mr. Myers provided to the court a psychiatric assessment of the accused prepared by Dr. ShabehramLohrasbe, a well-respected psychiatrist. The assessment focused on a risk assessment with respect to the accused. Notable is Mr. RazaviZadeh's earlier abuse of alcohol, which stopped in 2011 when his doctor expressed serious concerns about his health. At that time theaccused apparently began to use GHB as a substitute. [20] Dr.

Lohrasbe's report includes a recitation of the accused's narrative of the events which gave rise to the charges and alsocomments made by a friend of the accused about his character. Those latter comments do not have any particular weight given therelationship between the accused and the respondent. [21] Dr. Lohrasbe's report makes it clear that he did not assume that the accused's account of the events of the two dates in questionwas accurate. It is also apparent that he did not assume that the complainants' accounts were accurate either.

The report is helpful to me,but of course it is not determinative of the result of this hearing. [22] With respect to the submission that the accused's mother is available to act as a surety again in an amount up to 10 times theamount of the original recognizance, I have concluded that this would be an entirely inappropriate course of action, regardless of whetherother criminal offences were committed by him on July 10th and 11th, 2014. It is not really disputed that the accused breached a numberof the conditions of the bail order in place at that time.

The fact that his mother stood to lose $20,000 because of his conduct on thatoccasion did not deter the accused from breaching his bail. [23] The conditions he breached were those that were aimed specifically at reducing the potential for him to engage in criminalactivity like that alleged to have occurred on September 13, 2013. It is not necessary to, and I do not, rely on the alleged contact made bythe accused's mother with the second complainant in reaching this conclusion. [24] The presumption of innocence applies here. What is commonly referred to as the reverse onus also applies here.

I am satisfiedthat the accused must be detained, because there is a substantial likelihood that he will commit a criminal offence if released fromcustody. [25] I am also satisfied that his detention is necessary to maintain confidence in the administration of justice, and I have taken intoaccount the following: the case against the accused is very strong on all counts; the offences alleged are all very serious; thecircumstances alleged here are all very serious; a lengthy jail sentence is likely if the accused is convicted. [26] The accused is detained on the secondary and tertiary grounds. (REASONS AT JUDICIAL INTERIM RELEASE CONCLUDED)