news Guilty verdict in HIV murder case sets bad precedent for disclosure, lawyer says

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Guilty verdict in HIV murder case sets bad precedent for disclosure, lawyer says



Sun Apr 5, 4:40 PM




By Allison Jones, The Canadian Press


TORONTO - The guilty verdict for a Hamilton man convicted of killing two women through the transmission of HIV sets a bad precedent and will cause HIV-positive people to think twice about disclosing their status, the man's lawyer said Sunday.

A jury found Johnson Aziga, 52, guilty Saturday of two counts of first-degree murder for infecting two women to whom he did not disclose his HIV status.

Aziga was also found guilty on 10 counts of aggravated sexual assault and one count of attempted aggravated sexual assault in regards to 11 other sexual partners.

He is believed to be the first person in Canada convicted of murder for lethally infecting partners with the virus that causes AIDS.

Munyonzwe Hamalengwa, one of Aziga's lawyers, said Sunday the verdict was based on a bad law, which will "wreak havoc" in the criminal justice system.

"It's a very bad precedent," Hamalengwa said in an interview.

"People will not be disclosing their HIV status to their partners for fear of being charged. People are going to not be tested even if they suspect they may have the HIV virus in order to protect the knowledge that they don't have it."

The judge instructed the jury on nine essential elements for finding Aziga guilty of first-degree murder beyond a reasonable doubt. They concluded that Aziga knew he was HIV positive and knew he was required by law to inform sexual partners but did not, and that Aziga caused the women's deaths by infecting them with HIV during sex.

Aziga's defence team is considering an appeal.

"Of course we will have to get instructions from our client, but if he asked us what our recommendation would be, we would recommend an appeal because there was significant reasonable doubt," Hamalengwa said.

Sentencing is set for May 7. Aziga's lawyers - Hamalengwa and Davies Bagambiire - will have 30 days after he is sentenced to file an appeal, they said.

First-degree murder carries a mandatory life sentence with no chance of parole for 25 years.

Hamalengwa said he believes the defence raised reasonable doubt as to the source of the women's HIV infections. In closing submissions the defence said police had "tunnel vision" in focusing on Aziga as a suspect and didn't look closely enough at other HIV-positive men in the area.

Hamalengwa was disappointed with the verdict, but not entirely surprised, he said.

"There was an absolute media blitz and when there is so much media blitz in a small community like Hamilton and there has been prior tunnel visioning of the client for conviction you really don't expect much," he said.

The nine men and three women on the Superior Court jury started deliberations Thursday and sat for about 25 hours before arriving at their verdict.

Aziga was calm when he was pronounced guilty of two counts of first-degree murder, Hamalengwa said, though he suspects he is just in shock.

Aziga, a former research analyst with Ontario's Ministry of the Attorney General and father of three, was diagnosed with HIV nearly 13 years ago.

He has been in custody since his arrest on Aug. 30, 2003. Aziga has been receiving antiretroviral therapy for several years and is in stable health.