• Carmen Marie Fabio

Former NDIP dépanneur owner facing 15-month sentence for sexual assault


PHOTO COURTESY SÛRETÉ DU QUÉBEC

Korey Foomani was sentenced at the Valleyfield Courthouse for two of the 11 charges originally laid in June of 2018.

Just shy of two years after his initial arrest, former Notre-Dame-de-l’Île-Perrot (NDIP) Atlantide Dépanneur owner Korey Foomani was sentenced to 15 months in Bordeaux Prison on June 16 after previously being found guilty of two counts of sexual assault against minors. He will serve his sentences concurrently.

“There are also other mandatory orders,” said Crown Prosecutor Kim Émond. “Mr. Foomani will have to provide a DNA sample, he can't possess any weapons for a period of 10 years, and he will also appear on the national list of sexual offenders.”

History

Foomani, now 48, was originally charged with 11 counts that spanned the time period between January, 2015 and May, 2018 and included sexual interference (an age-specific charge that criminalizes touching of a person under the age of 16), sexual assault, and unlawful confinement. Nine of the charges, including unlawful confinement, were dropped.

The crimes took place on the dépanneur premises which is now under new ownership. The girls reported being taken to the back office, supposedly to show them video footage of their candy thefts. The girls’ accusations, as later related to their parents and then the court, involved being placed in Foomani’s lap and feeling his penis “lifted.” Another encounter involved Foomani placing his hands inside one of the girl’s pants though she said he did not touch her ‘intimate’ parts.

Ruling

As reported in The Journal February 21, 2020, Foomani hung his head in the witness stand as Judge Bertrand St-Arnaud read from the 27-page judgement. Upon hearing St-Arnaud declare the victims' statements, aged five and eight at the time of the assaults, were credible, Foomani stumbled, nearly falling, and remained seated for the duration of the 20 minute judgment reading.

Judge St-Arnaud said that while the girls' testimony was consistent, Foomani' defence contained contradictions which he found both, “curious and lame.”

“When his sentence is completed, he'll be forbidden from contacting his victims or the members of their families, and he'll be on probation for a two-year period,” Émond said. She added that due to the age of his victims, Section 161 of the criminal code will apply, which, “... restricts the ability of the offender to attend at public places and other locations where persons under the age of 16 years are present or can reasonably be expected to be present,” parks and swimming pools are an example. Section 161 also prohibits the offender from working with, or volunteering with, children, not communicating with anyone under the age of 16 unless in the presence of a person designated by the court, and prohibits the offender from using the internet or other digital network.

Sentence

When asked if she was happy with the sentence Émond said it was agreed upon by her and Foomani's defence lawyer Jean Dury.

“The penalty was a minimum of one year,” she said, “but we took into consideration that there were two victims.”

Émond had kept the victims' families up to date on the case but did not provide any further information on their reactions to the sentencing.

When asked how Foomani's family took the news, Dury replied, “It's never easy,” but otherwise said the sentencing was standard.

At the time of his arrest, Foomani was living in Dollard-des-Ormeaux but has reportedly moved.

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