BRAMPTON - A Brampton man convicted of second-degree murder in the child abuse-related death of his 3 1/2-year-old niece must serve close to 12 years in prison before being eligible for parole. Mr. Justice David Corbett set Devinder Singh's parole eligibility Wednesday morning at 12 years, but granted him seven months credit for pre-trial custody time. "This was a close call between manslaughter and second-degree murder," Corbett told the court in his decision. He said he does not believe Singh intended to kill the little girl and was likely "surprised that death ensued." However, he noted, "Rashmeet was a tiny little thing. As a matter of common sense, ongoing physical abuse was sure to hurt her and hurt her seriously," Corbett said. Singh, 40, was handed an automatic life sentence June 20 when a jury found him guilty of second-degree murder in the June 2005 death of Rashmeet Oshan. His trial lasted approximately three weeks. The Superior Court judge heard submissions from the defence and the Crown earlier this month concerning how long Singh should have to serve in prison before he be allowed to apply for parole. The range for parole eligibility for second-degree murder is between 10 and 25 years. Of the 12 jurors who found him guilty, 11 had no recommendations for parole eligibility, while one recommended 25 years. Corbett told the court Wednesday that 25 years was not possible, and was no doubt that juror's emotional reaction to what had happened to the little girl. Corbett made a point of noting that the girl's mother, Ravinder Oshan, who testified to Sigh's prior physical abuse of Rashmeet, did not tell a "monstrous lie" when she told of an incident in which the little girl was pulled down a flight of stairs and then kicked. He also noted that he found it "heinous that he (Singh) might speculate that the fatal injury was caused by his own 3 1/2-year-old son who was the only other person present when Rashmeet was injured. "To point the finger at his little boy... is simply reprehensible," he said, adding he not only found it "morally reprehensible" but also a "distasteful defence tactic" that he noted may have been born out of the police interview with Singh in which he raised the possibility. "I think that he is sorry Rashmeet is dead. I think he is also sorry that he got caught," Corbett said. He said it is not known for certain what happened that day, but the Crown's theory that Singh bent the little girl over his knee "is the most likely" scenario, based on the evidence heard in court. He said it is also the theory "most benign" for Singh. "This child died of ongoing child abuse. I do not think Mr. Singh had a plan to kill this child," Corbett said. Corbett noted the sentence is a severe penalty for Singh— when he eventually is released, he will have been absent from the workforce for more than a decade, and his young children, currently aged 7 and 11, will be grown.
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