Source: Canwest News Service
June 19, 2008 Author: Al Sweeney
HAMILTON - Determining whether Canadian society is HIV-phobic will be an issue explored when a Hamilton, Ont.-area man charged with spreading the virus goes on trial later this year, his lawyers contended Wednesday.
Johnson Aziga, 52, is charged with first-degree murder and aggravated sexual assault. He is accused of having sex with 13 women and not telling them he had HIV. Two of those women died of AIDS.
The trial starts in October, but two interesting elements came out Wednesday as Aziga's lawyers appeared in court.
For one thing, the judge approved the questions used to screen the jury. Potential jurors will be asked about news coverage of HIV and they'll be asked if they can be fair to a black man infected by HIV who is accused of murdering two white women.
One of Aziga's lawyers says it will deal with the issue of fear of HIV.
"This is the first case of its kind, where a decision has been rendered that's going to be reported that deals with the question of HIV phobia," said Selwyn Pieters. "That brings that question to the fore and this is also an important case because it deals with the media perception of these issues, pretrial publicity concerning HIV and AIDS," said Pieters.
Aziga's lawyers want the charges to be thrown out of court. They say Aziga has been subjected to cruel and unusual punishment while he's been locked up at the Hamilton-Wentworth Detention Centre. They say Aziga was in his cell when another inmate came in attacked and bit him. Aziga bit the man back in self-defence. Aziga was given almost 50 days in solitary confinement, something his lawyers argue was a violation of his rights.
"No one, no one, who is facing these allegation is supposed to be under segregation for 50 days, especially after they've been attacked by an inmate. That should not happen, and so the charges should be stayed, regardless of the circumstances," said Davies Bagambiire, another of Aziga's lawyers.
