Johnson Aziga, HIV Killer, Declared Dangerous Offender

Johnson Aziga Hiv Killer

First Posted: 08/02/11 01:44 PM ET Updated: 10/02/11 06:12 AM ET

HAMILTON - A man convicted of murder through HIV transmission could spend the rest of his life in jail after an Ontario court ruled Tuesday that he can't be trusted to disclose his condition to future sexual partners.

Justice Thomas Lofchik granted the Crown's request to have Johnson Aziga declared a dangerous offender, a designation that means he could be jailed indefinitely.

"I must consider that the offender has a multi-year history of deception," Lofchik told the court.

Aziga, believed to be the first person in Canada convicted of murder through the spread of HIV, has sworn to warn potential sexual partners that he is HIV positive, but to take him at his word would be "a gamble on the safety of women in this community," Lofchik said.

Aziga, a 55-year-old Ugandan immigrant from Hamilton, was convicted in 2009 of two counts of first-degree murder, 10 counts of aggravated sexual assault and one count of attempted aggravated sexual assault.

He will serve a life sentence without the possibility of parole for 25 years for the murder convictions.

But the dangerous offender designation means he will not be released on parole until the parole board decides he is no longer a threat.

Aziga is appealing the murder convictions, but even if he is successful he could still be jailed indefinitely because the dangerous offender label applies to the assault charges.

His convictions are related to 11 women with whom he had unprotected sex without telling them he had HIV. Seven of the women became infected, with two dying of AIDS-related cancers.

Aziga admitted he had unprotected sex with the women without disclosing his illness, but maintains he can't know for sure that he was the one who infected them

After the decision was handed down Tuesday, an agitated Aziga gave a rambling statement to the court, saying he wanted to renounce his Canadian citizenship and serve his sentence in Uganda or Kenya.

Aziga said while he "betrayed the trust of many" he is not admitting any legal liability, adding that his "conscience is clear, unambiguous and unmistakable" on all charges.

"I did not deliberately pass the HIV to any of my sexual partners," he said, blaming his decision not disclose his condition on a range of "socio-ethno-cultural barriers."

"I do not accept that any reasonable person would conclude that I am in fact guilty," he said.

"If any reasonable person could conclude that I am in fact guilty of all the convictions that still stand in this case against me, I think that same reasonable person would conclude that I have been reasonably punished for a medical condition."

Aziga, who has been in jail since his arrest in 2003, said his family has also "suffered deeply" during his absence.

The father of three also asked to have "HIV positive" tattooed on the palms of his hands "so I can easily show it," but Lofchik refused to grant his request.

Defence lawyer Munyonzwe Hamalengwa said his client hoped his statement would dispel "interpretations" that he doesn't regret his actions.

"I think today he was much more forthcoming, in my view, in expressing remorse about the victims," Hamalengwa said outside court. "He was more expansive and I think it came from deep down."

Crown attorney Karen Shea said Aziga's reaction to the decision showed he is still on the defensive.

"If you look at what was said during the dangerous offender application, very little more was said today in terms of not accepting responsibility and essentially blaming what occurred on a variety of factors," she told reporters after the hearing.

During a weeks-long hearing where final arguments were heard in late June, the Crown said Aziga should be labelled a dangerous offender because his abnormally high libido could lead him to re-offend.

But Aziga's lawyers argued his client has learned a lot about HIV and AIDS since he's been in jail, has changed his ways and is no longer a threat to the public.

Since 1978 more than 500 people have designated dangerous offenders in Canada.

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HAMILTON - A man convicted of murder through HIV transmission could spend the rest of his life in jail after an Ontario court ruled Tuesday that he can't be trusted to disclose his condition to future...
HAMILTON - A man convicted of murder through HIV transmission could spend the rest of his life in jail after an Ontario court ruled Tuesday that he can't be trusted to disclose his condition to future...
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HUFFPOST SUPER USER
alexunlv
I shall not waste my days trying to prolong them.
11:05 PM on 08/02/2011
If you embrace death - why are you surprised when death turns to embrace you?
08:41 PM on 08/02/2011
This is horrible.
HUFFPOST SUPER USER
wonderfullone
07:48 PM on 08/02/2011
They should give him his wish and let him serve is prison sentence in Uganda or Kenya.
HUFFPOST SUPER USER
Brian Berneker
I have an opinion and I'm not afraid to state it!
06:22 PM on 08/02/2011
"I did not deliberately pass the HIV to any of my sexual partners," he said, blaming his decision not disclose his condition on a range of "socio-ethno-cultural barriers."

That pretty much sums up the disposition of someone who only cares about himself. Exposing someone to a life-threatening disease is pretty simple to understand. Either you give a damn about the other person or you don't. I won't lose any sleep over his prolonged incarceration.
06:07 PM on 08/02/2011
His lack of remorse just proves to me that the decision to lock him up "forever" is the right one.

What a pig.
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HUFFPOST SUPER USER
alexunlv
I shall not waste my days trying to prolong them.
11:06 PM on 08/02/2011
A pig wont intentionally infect others.
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HUFFPOST SUPER USER
Steve Karmazenuk
Author, Freelance Journalist, Curmudgeon
12:33 PM on 08/03/2011
*COUGH*Swineflu*COUGH*
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grizzly bear55
King of the forest
05:56 PM on 08/02/2011
He looks like he has no remorse.
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CarlyQ
Without followers, evil cannot spread.
04:49 PM on 08/02/2011
Got to wonder about the safety of the other prisoners and, subsequently, the inadvertent victims they may leave behind themselves. What a legacy.
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HUFFPOST SUPER USER
Sam Huston
Fair, Balanced and Informed
05:40 PM on 08/02/2011
Who cares about the other prisoners. If you can't do the time don't do the crime, besides despite your fantasies, your not supposed to have sex in jail.
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CarlyQ
Without followers, evil cannot spread.
06:21 PM on 08/02/2011
Perhaps you missed the part in my comment where I implied there would be victims in the general population (that is, non-prison) on account of other inmates getting infected and then being freed.

You may not care about that, but I do.
HUFFPOST SUPER USER
Brian Berneker
I have an opinion and I'm not afraid to state it!
06:25 PM on 08/02/2011
So someone who lifts a candy bar deserves to get AIDS? Who ever said getting AIDS is part of "doing the time"? DAFT!
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Blodo
Time to build a better world
02:43 PM on 08/02/2011
Darn...lost the key to his cell. Oh well.
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HUFFPOST SUPER USER
Steve Karmazenuk
Author, Freelance Journalist, Curmudgeon
12:57 PM on 08/02/2011
Good. Let him rot in prison. The only issue I have is that the taxpayers will now foot the bill for the expensive drug cocktails that will prolong his life. I say let the disease ravage him without treatment.
HUFFPOST SUPER USER
Brian Berneker
I have an opinion and I'm not afraid to state it!
06:19 PM on 08/02/2011
Better to be paying for ONE person's drugs than many.
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HUFFPOST SUPER USER
Steve Karmazenuk
Author, Freelance Journalist, Curmudgeon
09:15 PM on 08/02/2011
Personally I think he should be denied the drugs and left in solitary until the disease that he used to kill and infect so many others finally kills him.
HUFFPOST SUPER USER
Escalonz
06:31 PM on 08/02/2011
He wants to go back to Nigeria and that would get the taxpayer off the hook to support him but would the Nigerians imprison him?
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HUFFPOST SUPER USER
thesimoche
too much money ain't enough money
06:53 PM on 08/02/2011
He is not from Nigeria he said he wants to back to Uganda or Kenya
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HUFFPOST SUPER USER
Steve Karmazenuk
Author, Freelance Journalist, Curmudgeon
09:14 PM on 08/02/2011
And the sub-Saharan African nations have some of the highest rates of HIV and AIDS in the world. He wants to go there so he can be free to continue murdering women with his disease.