A trial is set to open in Hamilton next Monday that could make legal history across Canada. It will be the first time someone has been put on trial on accusations of committing murder by spreading the AIDS virus to sex partners. Al Sweeney has the story.
It took a long time to get to this point.
It's been more than five years since Johnson Aziga was arrested, then charged with sexual assault and first-degree murder.
He's accused of transmitting the AIDS virus to 13 women by having unprotected sex, knowing he had HIV.
Two of the women died.
Legal proceedings have been held up by challenges and arguments, and Aziga firing his lawyers.
Eventually a judge ordered it to go ahead.
His lawyers say the Crown now has to prove its case.
"The issue fundamentally is whether or not Mr Aziga knew he had HIV and whether or not he had unprotected sexual intercourse with the alleged victims. And in two cases whether or not transmission of the HIV virus led to the deaths of his victims."
Davies Bagambiire/Aziga Lawyer
The trial will also focus on the virus itself, and whether it should be a crime to pass on HIV.
"I think it's extremely wrong to criminalize HIV transmission."
Munyunzwe Hamalengwa/Aziga Lawyer
One of Aziga's lawyers joins groups dealing with HIV in saying this should be a health issue, not a crime.
Hamalengwa: "If I'm coughing, I have a cough and I know I have a cough and I'm coughing and you catch my cough am I criminalized? I am not."
A jury will rule on whether HIV is an illness like any other.
Aziga is from Uganda and worked as an analyst in the Ontario Attorney General's department.
He's now 54.
Aziga's lawyers say he's doing reasonably well physically, but is showing symptoms of AIDS. The prosecution is calling 40 witnesses for a trial expected to take several weeks.
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