Photo: Castanet

A Kamloops man sentenced to more than five years in prison for repeatedly raping his niece has been granted day parole.

Nihal Maligaspe, 73, was sentenced in 2023 to serve 5.5 years in federal prison. A jury found him guilty on two of three counts of sexual assault stemming from a series of incidents involving his niece, Dinushini Maligaspe, who he helped emigrate to Canada from Sri Lanka in 2001.

Maligaspe was initially sentenced to serve 3.5 years, but Crown prosecutors took the case to the B.C. Court of Appeal, successfully arguing for a longer sentence.

A panel of judges agreed the first sentence was unfit when considering one particular instance of sexual assault — when Maligaspe raped Dinushini while she was in and out of consciousness following a suicide attempt.

Maligaspe was, at one point, also Dinushini’s instructor when she took a nursing program at University College of the Cariboo, now Thompson Rivers University.

Maligaspe has been in prison since June of 2023.

In a decision made public this week, the Parole Board of Canada said Maligaspe has been granted day parole. The board noted he is assessed as having a low risk to reoffend, and has shown good behaviour while in prison.

“Your offending, while abhorrent, is dated in nature and there is no indication of other related offending. The charges and the subsequent term of incarceration seems to have served as a deterrent factor for you,” reads the decision.

The decision states Maligaspe has expressed “deep remorse” about his offending.

But the parole board is concerned with the nature of his crimes and the “highly narcissistic and predatory” behaviour he displayed.

“A recent letter from the victim expresses dismay at the fact you have not completed any programs or made any other efforts at change,” the decision reads. “She does not believe you are accountable for your actions, you have not served any reasonable time incarcerated, and you should not be released.”

According to the decision, Maligaspe had at one point asked the board to grant him full parole so he could live with a friend in Alberta — but the victim also resided in his preferred area of release.

“The board finds it concerning that you seemingly minimize the trauma that any incidental contact would likely cause the victim,” the decision reads.

At a later hearing, Maligaspe told the parole board he realized this hadn’t been a wise plan after all.

The decision noted Maligaspe doesn’t yet have a “solid release plan,” and as such, it was premature to approve his request for full parole.

“Further, your struggles with some insight and lack of programming reflects that you require some time with the structure and support of a CRF [Correctional Residential Facility, or halfway house] while you readjust to community living,” the decision reads.

While on day parole, Maligaspe must follow a sexual deviancy treatment plan and must report all non-sexual and sexual relationships with females to his parole supervisor.

He isn’t allowed to have any direct or indirect contact with Dinushini.