Two new complainants come forward in Ottawa HIV case
NEWS / Man accused of not telling partners his HIV status faces 26 charges
Neil McKinnon / Ottawa / Thursday, September 23, 2010
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Two new complainants have come forward in the case of a 29-year-old poz Ottawa man accused of not disclosing his serostatus, according to documents obtained by Xtra.

The accused made a brief Ottawa court appearance today via video link from Maplehurst Correctional Complex in Milton, Ontario. Assistant Crown attorney Megan Cunningham said there are currently a total of eight complainants to come forward in this case. That means there are two more complainants since this summer.

Ottawa Police Inspector John McGetrick says there are no new charges; however, other sources say the investigation should end shortly. The Crown has yet to decide whether or not to use medical evidence in the trial, like comparing the accused’s HIV strain to the strains of any complainants who recently became HIV-positive.

Since his May 6 arrest, the accused now has long hair. He was polite and bright-eyed as the judge remanded his next court appearance to Oct 14. The judge also said a judicial pretrial date will be set, but a date has yet to be finalized.

In Ottawa, the accused faces 26 charges: four counts of aggravated sexual assault, four counts attempt murder, five counts of sexual assault, eight counts of breaching probation and one count of possession of child pornography. In Kitchener, he faces three counts of aggravated sexual assault related to two complainants and two charges of breaching probation.

The accused was transferred from Ottawa-Carleton Detention Centre to Milton last month to be in protective custody. In a previous interview with Xtra, he said he preferred being detained at Maplehurst because of longer, more frequent outdoor time and increased contact with other inmates. He also said he feels safer because he is not recognized from the media coverage in Ottawa earlier this year.

A publication ban protects the identities of the accusers; Xtra has so far declined to publish the name of the accused.

A 24-year-old poz man is co-accused in the Kitchener case; he faces two counts of aggravated sexual assault for allegedly not disclosing his serostatus before having unprotected sex. The co-accused has been under house arrest since May. His next Kitchener court appearance is Sept 28.

The accused is scheduled to appear in Kitchener court again on Oct 7 by video link from Maplehurst. By the next time he goes to Ottawa court, he will have spent more than six months behind bars.

Ottawa police set off nationwide debate after his photo was attached to an email sent out by the Police Liaison Committee with the phrase “sexual predator” attached to it.


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Reader Comments


 
Excellent, let's target all...
those nasty HIV people, maybe as long as we continue making them criminals one day hopefully we'll be able to imprison them all permanently! Excellent. HALCO (the HIV Legal Advocacy) group in Toronto must be celebrating! HALCO supports the criminalization of HIV. (read the linked article below) http://www.xtra.ca/public/Toronto/Time_to_stand_against_the_criminalization_of_HIV-7529.aspx
tim, toronto on
09/24/10 11:33 AM EST
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Facetious responses don't really help...
Not entirely sure why Tim is suggesting that the imprisonment of every person in the country with HIV is a solid end goal. In fact, every friend of mine with the virus (admittedly, a limited pool and perhaps not representative of the population at large) would become physically ill just at the thought of putting someone else at an elevated risk for contraction – period – let alone without making his status clear to a sexual partner. Fact is, it’s looking more and more like we live in a country where if one has a communicable disease or virus that can abbreviate and/or complicate the life of another, he/she will be compelled by law to make that information known before engaging in activity which can encourage/facilitate transmission. I hope and assume our society will continue in this direction. Citizens who disagree (as with any law, taxation policy, etc.) are not obligated by Canadian law to remain here. This legal issue is not about the potential complacency of others within society. It is not about those people living with HIV who do not commit infractions of this nature. This law is about offenders -- specific, individual offenders, on a case by case basis.
Mike Tanner, Toronto Ontario
09/24/10 2:16 PM EST
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To Mike Tanner,...no it isn't
and historical evidence doesn't support your reasons for slippery slope complacency.
tim, toronto on
09/24/10 10:19 PM EST
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Taking Responsibility
As someone who lived through the holocaust of losses of friends and lovers who unwittingly contracted HIV in the 1980's --without the knowledge of what affliction was quitely spreading among the gay population and how this disease was being transmitted--, it is bewildering to find gay men of all ages today engaged in rampant unprotected sex with strangers. Relying on sero status disclosure by a partner is hardly an appropriate strategy in defense against contraction. Employing protection is and that means using a condom with each and every encounter with an unkown. While the deliberate non-disclosure of one's HIV POS status should be considered a crime and enforcement instituted against known offenders, let's not forget we must all take personal responsibility in the face of what remains a life altering condition. Law enforcement will never be able to trump common sense in taking personal responsibility for self.
Brett, Peterborough Ontario
09/25/10 8:27 AM EST
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Glad for the coverage
I have to say, I am very glad that Xtra is continuing to follow this story. As the larger media outlets stopped just after the photo-gate scandal. I enjoy staying in the know, as a friend of mine is a victim of this specific case.
Glad, ottawa ontario
09/29/10 9:28 AM EST
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@ Glad
Your friends with the accused? Cause he's the only victim in this case. Thank you Tim for your comments on this issue.
Sam, Ottawa ON
09/30/10 1:05 AM EST
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Good police work
"..polite and bright-eyed.."..what a scum!!! I would be devistated if I learned that I had given this virus to another human being. I hope he gets convicted of all 26 counts. Good job Ottawa Police.
Angry, Ottawa Ontario
10/03/10 2:45 AM EST
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Innocent till proven guilty?
Oh dear, such anger! So much name calling. What if this 'predator' is actually just a victim of a jilted lover. In my world, one needs to be proven guilty. Sadly this young man has been tried and eviscerated in the court of tabloid headlines and found guilty by the priviledged and pure who tout their shock and horror and squirm in their Victorian purity. So many of us on our high horses ... I hope all of you negative guys stay negative, I'd hate for you to become victims of your own prejudice. In this world HIV is a fact, take care of yourself. I heard that up to 80% of HIV infections come from those who DON'T KNOW their status. This kind of law shit just makes people more afraid and less likely to take care of themselves. In the 80's, we took responsibility for ourselves, and I lived through the 80's by playing safe. What ever happened to self responsibility? Why are these barebackers surprised about HIV? The law is not responsible for slipping a condom on yours or your lovers cock.
jacob Delascret, ottawa ontario
10/04/10 2:33 PM EST
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@jacob Delascret
I agree those "victims" share part of the blame too. But when u have a man who's got 8 complaints against him AND was caught in possession of child pornography then we most likely have a sick individual. And please no more of this "I don't know" crap. Testing is free and anonymous, and if you're that sexually active you should make the effort to KNOW before u stick your penis anywhere. We need to be honest with ourselves and stop protecting those who don't give a fuck about this community.
Angry, Ottawa Ontario
10/08/10 2:54 AM EST
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