Selwyn A. Pieters - Barrister & Solicitor - Aziga HIV/AIDS Murder Trial

CRIMINAL HIV/AIDS LITIGATION

Selwyn Pieters was appointed Co-counsel on January 25, 2008 in R. v. Johnson Aziga, charged with 2 counts of first-degree murder and 13 counts of aggravated sexual assault. HIV/AIDS criminal litigation. My work on the file resuled in three important and significant judicial decisions: See, R. v. Aziga [2008] O.J. No. 2431, 78 W.C.B. (2d) 87; R. v. Aziga; 2008 CarswellOnt 4300 and R. v. Aziga [2008] O.J. No. 3052, 78 W.C.B. (2d) 410.

On August 06, 2008, Selwyn sbsequently withdrew as counsel from this file. The withdrawal was necessary because, as stated in the notice of motion, and in open Court, "several issues arose including but not limited to the suspension of one of the Counsel retained to represent Mr.Aziga, Mr. Davies Bagambiire. This posed a significant amount of regulatory and other difficulties in the relationship between counsel and co-counsel to represent the accused in this matter that continues to this date." See, Law Society of Upper Canada v. Davies Bagambiire, 2008 ONLSHP 70 (CanLII). For historical information see also, Re Bagambiire Formal Hearing Panel Decision, N.S.B.S. 43, November 15, 1990.

Justice Lofchik granted my application to be removed as co-counel on August 06, 2008 and as he wrote in October 2008: "The accused had co-counsel on this matter in the person of Selwyn Pieters until August 6th, 2008 when Mr. Pieters sought to be discharged as co-counsel.... Given assurances by the accused’s other counsel, Davies Bagambiire, that other co-counsel could be retained without having to delay the trial date, I allowed Mr. Pieters to withdraw from the case." See R. v. Aziga, 2008 CanLII 53125 (ON S.C.). See also, See, Barbara Brown, Jail's not nice, judge agrees, Hamilton Spectator, August 7, 2008; 8th lawyer off HIV murder case, Toronto Sun, August 7, 2008; Another change of counsel in HIV murder case, Hamilton Spectator, November 28, 2008.

Mr. Aziga is now represented by Davies Bagambiire and Munyonzwe Hamalengwa. See, Aziga's lawyer facing bar society discipline, Hamilton Spectator, January 23, 2009

On April 04, 2009, Mr. Aziga was found guilty by a jury of first-degree murder in the deaths of two women who died from AIDS-related illnesses. He was also found guilty on 10 counts of aggravated sexual assault and one count of attempted aggravated sexual assault. This case is believed to be the first case in the world where someone has been convicted of murder by HIV. Christie Blatchford's, Six-month-long trial was slow and costly exercise in justice, April 6, 2009, spoke of my withdrawal from the case and the Court's record is clear on my reasons for withdrawal that was covered in the media previously.

Aziga Caselaw

R. v. Aziga, 2008 CanLII 53841 (ON S.C.) — 2008-10-20
Ontario — Superior Court of Justice
aggravated sexual assault — compellable — charged — spouse — common law exception
R. v. Aziga, 2008 CanLII 53125 (ON S.C.) — 2008-10-14
Ontario — Superior Court of Justice
adjournments — co-counsel — choice — date — retain
R. v. Aziga, 2008 CanLII 39612 (ON S.C.) — 2008-08-08
Ontario — Superior Court of Justice
hours — funding — preparation — forensic evidence — time
R. v. Aziga, 2008 CanLII 39222 (ON S.C.) - inmates — medical — protective custody — detention — unit
R. v. Aziga; 2008 CarswellOnt 4300 (ON S.C.)
R. v. Aziga, 2008 CanLII 29780 (ON S.C.) — 2008-06-18 Ontario — Superior Court of Justice prospective jurors — partiality — recent cases involving criminal transmission — bias — black citizen who was born
R. v. Aziga, 2006 CanLII 42798 (ON S.C.) — 2006-12-29 Ontario — Superior Court of Justice principle against self-incrimination — infected — unprotected — sexual activity — penetrative
R. v. Aziga, 2007 CanLII 249 (ON S.C.) — 2007-01-10 Ontario — Superior Court of Justice expert — scientific — evidence — adjournment — defence
R. v. Aziga, 2007 CanLII 56095 (ON S.C.) — 2007-12-18 Ontario — Superior Court of Justice infected — subtype — sexual — complainants — unprotected
R. v. Aziga, 2007 CanLII 38 (ON S.C.) — 2007-01-03 Ontario — Superior Court of Justice delay — days — remand — time — defence
R. v. Aziga, 2006 CanLII 38236 (ON S.C.) — 2006-11-14 Ontario — Superior Court of Justice reliability — dying declaration — hearsay — interview — nodding

Leading Cases In Canada

R. v. Thornton, (1991), 1 O.R. (3d) 480, [1991] O.J. No. 25 (Ont. C.A.) (QL); affirmed at 1993 CanLII 95 (S.C.C.), (1993), 82 C.C.C. (3d) 530, [1993] S.C.J. No. 62 (S.C.C.) (QL)
R. v. Cuerrier 1998 CanLII 796 (S.C.C.), (1998), 127 C.C.C. (3d) 1, [1998] S.C.J. No. 64 (S.C.C.) (QL)
R. v. Williams 2003 SCC 41 (CanLII), 2003 SCC 41, 2003 SCC 41 (CanLII), (2003), 176 C.C.C. (3d) 449, S.C.J. No. 41 (S.C.C.) (QL).
(1) R. v. Mercer, (1993), 84 C.C.C. (3d) 41, [1993] N.J. No. 198 (C.A.) (QL)
R. v. Miron 2000 CanLII 4432 (MB P.C.), (2000), 174 Man.R. (2d) 52, [2000] M.J. No. 500 (Man. P.C.) (QL);
R. v. Smith, 2008 SKCA 61 (CanLII), 2008 SKCA 61, 2008 S.J. No. 283 (QL);
R. v. Williams, 2006 ONCJ 484 (CanLII), 2006 ONCJ 484, [2006] O.J. No. 5037 (QL);
R. v. Nduwayo, 2006 BCSC 1972 (CanLII), 2006 BCSC 1972, [2006] B.C.J. No. 3418 (QL);
R. v. Lamirande, 2006 MBCA 71 (CanLII), 2006 MBCA 71, [2006] M.J. No. 223 (QL);
R. v. Walkem (2007), 73 W.C.B. (2d) 145, [2007] O.J. No. 186 (Ont. S.C.) (QL).
R. v. Edwards, 2001 NSSC 80 (CanLII), 2001 NSSC 80, [2001] N.S.J. No. 221 (QL)

Other News Articles

Defendant seeks another delay, Hamilton Spectator, Oct 1, 2008; Barbara Brown, 'There is simply no right to bite'; Expert says jailhouse isolation of HIV murder suspect isn't breach of charter, Hamilton Spectator, July 26, 2008; Tamsyn Burgmann, Lawyers for HIV-positive man want murder charge thrown out, Canadian Press, Jun 11, 2008. Also Ministry to pay for HIV defence, Hamilton Spectator, January 26, 2008; C. Blatchford, An HIV-positive bureaucrat, two women fatally infected and the 'duty to disclose', October 21, 2008.

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