Johnson Aziga, the Ugandan-born Canadian accused of murder after allegedly transmitting HIV to two women who subsequently died of AIDS, has had his constitutional rights violated by being kept in custody for five years without trial, his new lawyers claimed today.
Davies Bagambiire and Selwyn Pieters say that their client's health has deteriorated because of his treatment in prison.
"He's not a prisoner yet, he's not been found guilty of any offence; we're looking at allegations," Bagambiire said. "(Aziga is) entitled to as much health care and treatment as any Canadian in Canadian society is."
They said that he has been kept in solitary confinement for long stretches for his own safety.
"A lot of the inmates don't want to associate with him, don't want to share cells with him, or attack him and assault him physically."
They are asking for the charges against him to be thrown out on these grounds, according to a report in The Canadian Press, below.
A second report, in The Hamilton Spectator (also reproduced below), provides more details on the pre-trial hearing that took place yesterday, prior to Aziga's October 6th trial. His lawyers asked that potential jurors be screened with five specific questions.
The questions include whether they have a "tendency toward HIV-phobia," and whether or not their ability to judge the evidence would be affected by the facts that Aziga is black and has HIV and the alleged victims are white.
Pieters attempted to show that the questions were a necessary filter on grounds of widespread bias among the public.
Assistant Crown Attorney Karen Shea said the defence failed in their attempts to show the bias is widespread. Justice Thomas Lofchik heard the motion and reserved judgment until next week's court appearance.
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Lawyers for HIV-positive Johnson Aziga want murder charges thrown out
The Canadian Press
10th June 2008
HAMILTON, Ont - Lawyers for a man charged with two counts of first-degree murder for allegedly infecting women with the virus that causes AIDS want the charges thrown out on the grounds he's suffered cruel and unusual treatment while in custody.Johnson Aziga, believed to be the first person in Canada to face murder charges for allegedly spreading HIV, has been awaiting trial at a detention centre in Hamilton for nearly five years.
Speaking outside court Tuesday, lawyers Davies Bagambiire and Selwyn Pieters said they want the charges thrown out because Aziga's treatment behind bars violates his constitutional rights.
"He's confined 24 hours, effectively, a day," Bagambiire said. "A lot of the inmates don't want to associate with him, don't want to share cells with him, or attack him and assault him physically."
The Ugandan-born Canadian citizen, 52, has been kept in solitary confinement several times after fights provoked by other inmates, including one stretch lasting 60 days, he added.
Bagambiire said Aziga's health has deteriorated because the segregation cuts off his access to specialized medical care at a McMaster University hospital clinic.
"He's not a prisoner yet, he's not been found guilty of any offence; we're looking at allegations," Bagambiire said. "(Aziga is) entitled to as much health care and treatment as any Canadian in Canadian society is."
Aziga's defence team is also hoping to win bail for their client, Pieters added.
Aziga, formerly an employee with Ontario's Ministry of the Attorney General, faces two counts of first-degree murder and 13 counts of aggravated assault following the deaths of two Toronto women who tested positive for HIV.
Several other women from across Ontario came forward following Aziga's arrest in August 2003. Five of them have since tested positive for HIV.
The trial is slated to begin Oct. 6.
Drop charges: defence
Claims HIV-murder suspect's rights violated in jail
June 11, 2008
Rachel De Lazzer
The Hamilton Spectator
Claiming cruel and unusual punishment against their client during his time in jail, lawyers for a Hamilton man accused of fatally infecting women with the virus that causes AIDS want his charges dropped.
Johnson Aziga, 52, is believed to be the first person in Canada to be charged with murder in connection with AIDS-related deaths.
The motion will be heard next Wednesday, confirmed defence lawyer Davies Bagambiire after a court appearance yesterday.
Ugandan-born Aziga faces two charges of first-degree murder in connection with two Toronto women who died of AIDS after allegedly having unprotected sex with him.
He also faces 13 counts of aggravated sexual assault for failing to disclose his HIV status to those women and 11 other female sexual partners.
Bagambiire said Aziga's constitutional rights have been violated in nearly 20 different ways ranging from lengthy periods of isolation, being denied some meals and stigmatization.
"Both the prison guards and the fellow inmates stigmatize him," said Bagambiire from his Toronto office. "They look at him as an untouchable within the prison environment ... (Other inmates) beat him, and when he hits back in self defence he's taken to confinement. It's a vicious cycle."
During yesterday's Superior Court appearance, defence lawyer Selwyn Pieters argued in a pre-trial hearing that potential jurors be screened with five specific questions.
The questions include whether they have a "tendency toward HIV-phobia," and whether or not their ability to judge the evidence would be affected by the facts that Aziga is black and has HIV and the alleged victims are white.
Pieters attempted to show that the questions were a necessary filter on grounds of widespread bias among the public.
Assistant Crown Attorney Karen Shea said the defence failed in their attempts to show the bias is widespread. Justice Thomas Lofchik heard the motion and reserved judgment until next week's court appearance.
Aziga, a former research analyst with the Ministry of the Attorney General, lost an earlier bid to have the charges stayed because his constitutional right to a speedy trial had been infringed.
His trial is set to begin Oct. 6.
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