Johnson Aziga

Case record: Johnson Aziga

Background

Johnson Aziga (born 1956) was a Ugandan-born Canadian man resident in Hamilton, Ontario, Canada. He worked for the Ontario Ministry of the Attorney General and had been a former staffer there.

Aziga was diagnosed with HIV in 1996. He was ordered by public officials to disclose his illness to sexual partners.

He was arrested in August 2003 and had been in custody since 2003.

During the trial, prosecutors said that Aziga had unprotected sex with former female co-workers and women he met at bars. Aziga met both of the deceased women while working for the Ontario government.

The offence

A jury convicted Aziga of two counts of murder in the first degree. The jury also convicted him of 10 counts of aggravated sexual assault and one count of attempted aggravated sexual assault.

Aziga admitted that he had unprotected sex with 11 women without telling them he had HIV. Several women later tested positive for HIV, and two women died from AIDS-related illnesses.

Five other women tested positive for HIV. Four more women escaped infection but had been psychologically damaged by fear and betrayal.

Investigation

The trial included evidence from a videotaped statement by one of Aziga’s former lovers, S.B., who was only weeks away from her death. The videotaped interview had been taped by police.

S.B. stated that Aziga never disclosed his illness during their relationship in the summer of 2000:

“No, he never did. Not at any time,” said the woman, who was only identified as S.B.

S.B. stated she would have refused sex with Aziga had she known he was carrying HIV.

Three weeks after the tape was made, S.B. died from AIDS-related cancers.

Arrest

Aziga was arrested in August 2003.

Trial

Justice Norman Bennett of Hamilton ruled on November 16, 2005 that there was sufficient evidence for Aziga to stand trial. His trial date was initially set for May 2007 but was moved back several times. As of May 2008, the trial was set to begin October 6, 2008.

Aziga’s trial began in October 2008.

The trial jury consisted of three women and nine men. They deliberated, and the jury issued their decision on April 4, 2009 after three days of deliberation.

Prosecutors said that seven women were infected with HIV and that two of them died after Aziga, in police custody since 2003, neglected to tell them about his illness.

The defence argued that Aziga’s brain disorder and personal problems would not have enabled him to purposely hurt the women.

During trial proceedings, claims were made by Aziga’s former girlfriends that he lied about his HIV status and continued having unprotected sex until the morning of his arrest in 2003.

The defence also argued that no conclusive link could be shown to indicate that the deaths of his former girlfriends could be attributed to HIV/AIDS.

Jury verdict (April 4, 2009)

On April 4, 2009, Aziga was found guilty on Hamilton Superior Court jury of:

• two counts of murder in the first degree
• 10 counts of aggravated sexual assault
• one count of attempted aggravated sexual assault

Sentencing

Aziga was sentenced to life imprisonment with no possibility of parole for 25 years. The mandatory sentence in Canada for a conviction of first-degree murder was referenced. The sentencing occurred on May 7, 2009.

Aziga expressed his intention to appeal his conviction.

Appeals

Aziga intended to appeal his conviction.

Dangerous Offender hearing (August 2, 2011)

On August 2, 2011, a court in Hamilton, Ont. granted a request by Crown Prosecutors to have Johnson Aziga jailed indefinitely under the Dangerous Offender act because he was believed to be at a high risk to re-offend.

Ontario Justice Thomas Lofchik issued a 50-page decision.

The Crown argued that Aziga should be labelled a dangerous offender because of his abnormally high libido and because he had shown little remorse.

Ontario Justice Thomas Lofchik said:

“The day I learned that I was HIV positive in 1996 felt like I had been shot in the head, heart and soul,”

After the decision, Aziga said he wanted to renounce his Canadian citizenship and serve his time in Kenya or Uganda.

Aziga’s statements at the Dangerous Offender hearing

Aziga apologized at the dangerous offender hearing:

“I apologize to the families of the deceased women and the complainants for what I have put them through,” Johnson Aziga said, as he got to the last line of his statement. “And continue to put them through.”

Aziga described receiving HIV counselling and said it did not include “sensitivity training as precisely how to disclose to my partners that I was HIV positive.” He also said:

“I sincerely regret and apologize that advising my partners of my HIV infection was not close to my mind. I wish I had behaved differently. This was the time when I was at my most loneliest and therefore desirous of female companionship.”

Aziga said:

“I used condoms,”

He said that “sometimes spontaneity during drunken episodes overtook the ability and opportunity to use condoms.” He also said:

“Whenever any female partner asked me to use a condom, I used a condom.”

He said others did not like condoms and that he did not admit to having any sexually transmitted virus because “then I would be deprived of companionship.”

Aziga said:

“My ability to think was impaired … I thought I could die any time and it did not matter anymore. In my twisted mind, I was under attack by external forces.”

He also said:

“I tried to resolve these matters as delicately as I could but the criminal process became so overwhelming, especially after the murder charges were laid, that I had to go through to the end.”

Aziga promised that if he was released into the community, he would not reoffend, stating:

“I will always advise any prospective partner in future of my infection and I will always wear a condom.”

Aziga also said, in court on Tuesday, that he intended to use condoms but did not because “the women insisted.”

At the dangerous offender hearing, Aziga said he intended to use condoms but did not because the women insisted.

Other details

Richard Elliott, deputy director of the Canadian HIV/AIDS Legal Network, criticized the decision to try Aziga and described it as:

“not particularly helpful”

He argued it may lead to:

“a dominant impression out there of people living with HIV as potential criminals, which is not an accurate or fair representation.”

The Supreme Court of Canada issued a 1999 decision, R. v. Cuerrier, ruling that people who knowingly exposed others to HIV through unprotected sex could be charged with a crime because failure to disclose one’s HIV status to a sex partner constituted fraud.

Aziga was described as the first person in Canada convicted of murder through HIV transmission.

In an earlier case, Charles Ssenyonga of London, Ontario was prosecuted on lesser charges of aggravated assault and criminal negligence causing bodily harm, and he died of meningitis before a verdict was rendered.

Aziga was described as a father of three and as having fired lawyers, delayed and stalled court proceedings, and dragged his case out for eight years (not including his pending appeal).

Aziga accused the jury that convicted him of racism and blamed health officials for not instructing him on how to properly disclose his HIV status.

Aziga said he could not know for sure that he infected any of the women.

A friend testified earlier in the day at the dangerous offender hearing that although he and Aziga lunched together often and were very close, he knew nothing of Aziga’s HIV status until he was arrested. Aziga said:

“My marriage started unravelling,”

He also said he and his wife were separated and eventually divorced, and that strenuous litigation around children and their support drained him of any energy. He said he sought company from bars and clubs and that his alcoholism followed his diagnosis.

Aziga said:

“As time went on I started seeking company from the very places where I was getting my alcohol, those being bars and clubs.”

At sentencing and later proceedings, Aziga’s age was referred to as 52 (in the April 4, 2009 reporting) and 54 (in the May 26, 2011 reporting).

Aziga was described as believed to be the first person in the world convicted of murder after failing to disclose his HIV infection to sexual partners.