A Toronto man who was found guilty of sexual assault after a judge ruled the victim was too drunk to consent has fled to Pakistan, and police believe Moazzam Tariq will likely never face justice.

Crown prosecutor Jill Witkin told CityNews on Thursday she is “extremely disappointed and concerned” that he was allowed to leave Canada with a fake passport.

“This demonstrates the fact that (the Canadian Police information Centre) is not regularly updated … It is a big risk to public safety,” Witkin said.

And, it’s not the first time Tariq has fled Canada for Pakistan. It also happened after he was charged with dangerous driving in 2010.

“Had we known his history, he would have been in custody immediately” upon his conviction, Judge Mara Greene said on Thursday.

“On the record that we have, we didn’t know he had absconded with another Pakistani passport with a different serial number.”

Sex assault conviction

Tariq was caught on video pouring vodka down a woman’s throat, slapping her on the buttocks and grinding against her on a couch at a downtown club in July 2015. He was found guilty of sexual assault on Oct. 7 and was due in court for sentencing on Dec. 1.

As part of his bail conditions, Tariq surrendered his Canadian passport. He was released on $10,000 bail, with his father was acting as his surety. The court will be going after that $10,000, Witkin said.

The Crown learned Thursday that Tariq fled Canada via Montreal on Nov. 18. He was using a second passport, this one from Pakistan.

A week later, on Nov. 24, his father appeared in court to remove himself as his son’s surety. He told police his son had travelled to Vancouver for business and had ceased contact with him.

However, at that time he had been outside the country for about a week. He never showed up for his sentencing and is unlikely to return to Canada.

Not the first time

This is the second time Tariq has fled the country when facing a criminal charge. In 2010, he struck a pedestrian, injuring him severely. Tariq was charged with dangerous driving and failing to remain. At that time, he also absconded to Pakistan.

Tariq is a permanent Canadian resident who was born in Pakistan.

Tariq’s father never told the court about that previous disappearance, and it appears police did not know or did not inform the court.

When Tariq returned to Canada after being charged with dangerous driving, he told agents he had fled to avoid charges. He later pleaded guilty to dangerous driving, but the Crown dropped the charge of failing to comply with his bail conditions.

He served 90 days in jail.

On a separate occasion, Tariq was charged and convicted of assault. As in the sex assault, his father acted as his surety. The court had only heard of this conviction.

“Peel is not far away,” Greene said.

“If they had communicated properly, we wouldn’t be in this position. He remains a risk to the community.”

The Crown will still seek a three-year sentence. The victim has been made aware.

Correction: An earlier version of this story misidentified Justice Mara Greene as Marilyn Churley. Churley was the judge who originally granted Tariq bail.