An HIV-positive man charged with first-degree murder in the deaths of two sexual partners knew of his status for seven years before he was arrested, Crown lawyers alleged as the landmark trial got underway Monday.
Johnson Aziga, 52, is believed to be the first HIV-positive person in Canada to be charged with murder on allegations he had unprotected sex and passed on the deadly virus that causes AIDS.
Among the most compelling evidence Crown lawyer Tim Powers plans to present during the course of the trial is audio and videotaped testimony by the two Toronto women Aziga is alleged to have had unprotected sex with. Both died of AIDS-related complications, one in December 2003 and the other in May 2004.
Uganda-born Aziga, a former research analyst with Ontario's Ministry of the Attorney General, is also accused of 11 counts of aggravated sexual assault. He has pleaded not guilty on all counts.
The sexual assault charges include the cases of nine other women he is alleged to have had sex with and to whom he allegedly did not disclose he was HIV positive. Five of the women have tested positive for HIV, while four others have not contracted the virus.
"When you think of aggravated sexual assault you think of a violent rape. This was not the case," Powers argued.
But he argues Aziga failed to fulfill his "duty to disclose" his HIV status and, thus, there was no valid consent since the women would not have agreed if they knew of his condition.
Powers told the court some women specifically asked about Aziga's sexual health. All nine women will testify they were not informed of his HIV status beforehand, said Powers.
The Crown lawyer said public health officials informed Aziga he was HIV positive back in 1996 and told him he must disclose his status to potential partners.
The trial by jury is expected to last about six weeks.
None of Aziga alleged victims can be identified because of a publications ban.
The Supreme Court of Canada has previously ruled that one partner cannot give true consent for sexual relations if the other partner fails to disclose an HIV infection.
As a result, Aziga's trial could find that the two women's deaths resulted from sexual assaults, calling for a first-degree murder conviction, which carries an automatic life sentence.
The aggravated sexual assault charges carry a maximum sentence of 14 years in prison.
Fired 3 legal teams
"This is the first time that a Canadian is prosecuted for alleged murder through the alleged dissemination or transmission of the HIV virus," Aziga's lawyer Davies Bagambiire said. "I look forward to the evidence unfolding so I can shake it up, cross-examine and demonstrate the holes in the evidence that I believe exist."
Aziga has been held in custody for the five years since his August 2003 arrest. His trial has been delayed many times due to adjournments sought by the defence. Aziga has fired three legal teams leading up to the trial.
The criminal charges will do little to protect the public, said Alison Symington, spokeswoman with the Canadian HIV/AIDS Legal Network. The best way to protect the public is to promote education about the illness and to encourage disclosure and the use of condoms to prevent transmission, she said.
"These are very rare cases indeed, but there's so much attention to them and so much misinformation and panic around them that it really kind of increases stigma and discrimination, which ultimately may be counterproductive," Symington said.
The Canadian HIV/AIDS Legal Network estimates about 60,000 people are living with HIV in Canada.
Criminal charges for HIV transmission increasing
There has been a notable increase in criminal charges for HIV transmission since 2000, Symington said.
Clato Mabior, an HIV-positive man in Winnipeg, was sentenced earlier this month to 14 years in prison on six counts of aggravated sexual assault, as well as one count each of invitation to sexual touching and sexual interference.
Carl Leone was handed an 18-year sentence on April 4 after pleading guilty in Windsor, Ont., to 15 counts of aggravated sexual assault after failing to inform his sexual partners of his HIV status. Five of the 15 women are now HIV positive.
Former Saskatchewan Roughrider Trevis Smith, who is HIV positive, was sentenced Feb. 26, 2007, to 5½ years in prison for aggravated sexual assault. He was found guilty for knowingly exposing two women to the virus that causes AIDS.
Onus to protect self
Adrian Betts, acting executive director of the Hamilton AIDS Network, said many HIV/AIDS groups will be watching Aziga's trial closely.
Betts said in many HIV/AIDS cases the evidence comes down to a discussion of "he said, she said" regarding if disclosure occurred.
Betts said he believes the onus should really be on individuals to protect themselves.
Accused knew of status, HIV murder trial told