Extradited! HIV-positive J'can to answer to multiple sexual assault charges in Canada
A Jamaican wanted in Canada on 12 counts of sexual assault, following allegations that he engaged in sexual intercourse with several women without disclosing his HIV status, was yesterday extradited after he lost his long battle to quash his extradition.
GX, 47, left the Norman Manley International Airport in Kingston, yesterday in the company of law enforcement officers for Canada, where he is to face the court in respect to four women, who are claiming that he knew he was infected and had sex with them without telling them that he had HIV.
According to information from the Office of the Director of Public Prosecutions (ODPP): “Three of the four complainants subsequently contracted HIV, and all complainants swore in affidavits that they would not have had sexual intercourse with him had they known he was HIV positive.”
The Globe and Mail website in an article in October 2012, reported the Toronto police as saying that X worked in Toronto in the entertainment business and met the women in bars and other venues.
“It’s alleged he has known since 1996 that he carries the HIV virus, which causes AIDS, but did not disclose his status,” the Globe and Mail report said.
“The Criminal Code specifies that anyone who is HIV positive must apprise their sexual partners, and charges can be laid regardless of whether the infection is transmitted,” the newspaper added.
The Canadian Government had requested X’ extradition from 2013, when he fled to the island.
However, after he was arrested in August 2015, X sought to challenge an order that was made by then Resident Magistrate Simone Wolfe-Reece for him to be committed to custody pending his extradition by applying for his release by way of a habeas corpus application in the Supreme Court.
However, the application for release was dismissed on June 30, 2016, but he later filed a notice of appeal.
In response, the ODPP then filed an application to strike out the notice of appeal and was supported by the Attorney General’s Chambers, which was upheld by the Court of Appeal on November 2016.
But X, in a final attempt, filed an application in January, contending that the extradition warrant that was signed by Justice Minister Delroy Chuck on November 30, was flawed and invalid.
His defence team had argued that the warrant signed by Chuck on November 30 last year was invalid because it was signed while X had a matter before the court. Furthermore, they contended that the warrant was no longer valid as the Extradition Act stipulates that a warrant expires after one month. However, the Court of Appeal later struck out the matter.
X was represented by attorney Don Foote.
Delroy Chuck being sued by man accused of infecting women with HIV
The legal representatives of a man who is wanted for sex crimes in Canada have filed legal action against the Jamaican Justice Minister, Delroy Chuck.
The matter set to be heard in the Supreme Court next week.
The plaintiff is George Flowers, a Jamaican-born Canadian fugitive who has filed contempt of court proceedings against Minister Chuck.
Don Foote, one of the attorneys representing Flowers, has claimed that Chuck breached the law when he signed an extradition warrant for Flowers last year while there was a challenge in court about the legality of his extradition.
Foote has accused the minister of breaching his client’s constitutional rights.
Flowers, who is HIV-positive, is wanted by the Canadian government on a number of counts of sexual assault.
Reports are that he had unprotected sex with more than a dozen women whom he met at bars, without disclosing his HIV status. Four women, including his wife, have reportedly made complaints against him. Three of the women are now HIV positive and the women said if they knew he was HIV positive, they would not have been intimate with him.
In 2014 he was ordered to be extradited by a Jamaican court, but a judicial review of the court ruling was sought, and the Judicial Review Court is shortly to hand down a ruling on the motion that he brought before it.
The motion involved asking the Judicial Review Court to quash the decision of the local court to order his extradition.
Of note is that the Court of Appeal rejected an application from Flowers last month.
In the appeal filed on November 25 last year, Flowers argued that he should be released because Jamaica does not have a corresponding law for the offense for which he is being extradited. He also pointed out in the appeal that contracting HIV during consensual sex with a person who did not disclose his or her status does not constitute the offense of inflicting assault occasioning grievous bodily harm.
Flowers had also claimed in his appeal that if he was forced to disclose his HIV status to the women, his Constitutional right to privacy would have been breached.
Court Turns Down Appeal Filed By Man Challenging Extradition To Canada
The attorney for GX, the Jamaican man challenging his extradition to Canada to answer to sex-related crimes, say he’s meeting with his client to determine the next move after the Court of Appeal turned down his application.
X had applied to the appeals court for an extension of time for his appeal to be heard.
However, the application was refused when the matter came before the court yesterday.
John Thompson told The Gleaner/Power 106 News Centre that the appeals court ruled that the grounds of appeal were not filed within the prescribed time in law and turned down the application.
The court ruling means that law enforcement can execute the extradition warrant on X, who has been in custody for more than two years.
A new warrant was signed on November 30 by Justice Minister, Delroy Chuck.
Thompson had expressed concern that Chuck signed the warrant before the application was heard.
X is wanted in Canada on several counts of aggravated sexual assault, allegedly committed between 1997 and 2011.
He’s accused of having sexual intercourse without disclosing his HIV status.
Complaints have been made by four women including his wife.
X was ordered extradited by the Corporate Area Resident Magistrate’s Court in August 2014 and was arrested in Jamaica on June 4 that same year.
Since then, he has been fighting his extradition.
Published in The Gleaner on January 31, 2017
Jamaican man continues his fight against extradition to Canada to face HIV non-disclosure allegations
A forty-seven-year-old Jamaican man, who was ordered extradited to Canada in 2014 to stand trial for allegedly infecting several females with HIV is fighting the extradition in the Court of Appeal.
The man identified as GX, is facing 12 counts of aggravated sexual assault, should he be extradited, X was on Friday, January 21, given the go ahead for his appeal to be heard on January 30.
However, his lawyer Don Foote is expressing concern that while X’s appeal was pending the Minister of Justice had signed an order dated November 30, 2016 for his extradition.
This means that X may be removed from the country at any time.
He is accused of engaging in unprotected sex with four women without disclosing to them that he was HIV positive.
Three of the women are now HIV positive and the women said if they knew he was HIV positive, they would not have been intimate with him.
X took his case to the Supreme Court to have his extradition order set aside but was not successful.
He then filed a notice of appeal but it was struck out last year because he did not pursue the appeal. He later filed another appeal.
In the appeal filed on November 25 last year, X is contending that he should be released because Jamaica does not have a corresponding law for the offense for which he is being extradited.
He also pointed out in the appeal that contacting HIV during consensual sex with a person who did not disclose his or her status does not constitute the offense of inflicting assault occasioning grievous bodily harm.
X is claiming in his appeal that if he was forced to disclose his HIV status to the women his Constitutional right to privacy would have been breached.
Lawyers from the Office of the Director of Public Prosecutions claim X brought bodily harm to the women and under Jamaican Law the Offenses Against the Person Act applies.
Extradition approved
Court rules against J’can man wanted in Canada on sex charges
Friday, November 18, 2016
A Jamaican man who is wanted by the Canadian Government for sex crimes lost his long battle to defeat an extradition warrant on Wednesday when the Court of Appeal struck out his notice of appeal.
The Office of the Director of Public Prosecutions (ODPP) yesterday said that GX will now be extradited to Canada where he is wanted on 12 counts of aggravated sexual assault.
A news release from the ODPP said that X has been accused of engaging in unprotected sexual intercourse with four women knowing that he was HIV-positive and without informing them of his HIV-positive status.
“Three of the four complainants subsequently contracted HIV, and all complainants swore in affidavits that they would not have had sexual intercourse with him had they known he was HIV-positive,” the ODPP said.
“The then Minister of Justice Mark Golding, on June 3, 2013, issued the authority to proceed in respect of three counts. The Government of Canada subsequently submitted a supplemental extradition request for a single count of aggravated sexual assault against X, to which the minister issued authority to proceed on September 9, 2013,” the ODPP said, adding that an extradition warrant was then issued for X’ arrest.
An October 2012 story on the Globe and Mail website reported Toronto police as saying that X worked in Toronto in the entertainment business and met the women in bars and other venues.
“It’s alleged he has known since 1996 that he carries the HIV virus, which causes AIDS, but did not disclose his status,” the Globe and Mail report said.
“The Criminal Code specifies that anyone who is HIV-positive must apprise their sexual partners, and charges can be laid regardless of whether the infection is transmitted,” the newspaper added.
In its release yesterday, the ODPP said X was arrested and committal proceedings were conducted before St Andrew Resident Magistrate Simone Wolfe-Reece, who on August 22, 2015 ordered that X be committed to custody pending his extradition to Canada.
But X, the ODPP said, challenged the order of committal by applying for his release by way of a habeas corpus application, which was heard by the Full Court of the Supreme Court on January 11 and 12, 2016.
“On June 30, 2016 the Full Court dismissed his application for habeas corpus and ordered that he be extradited to Canada,” the ODPP said.
However, on July 22, 2016 X filed a notice of appeal. But the ODPP filed an application to strike out the notice of appeal and was supported by the Attorney General’s Chambers.
“On November 16, 2016 the Court of Appeal upheld the DPP’s application and struck out X’ notice of appeal, paving the way for him to be extradited to Canada,” the ODPP said.
X was represented by attorney Don Foote, the Government of Canada was represented by the ODPP through Jeremy Taylor, senior deputy director of public prosecutions; and the Government of Jamaica was represented by the Attorney General’s Chambers.
HIV Positive Man Wanted in Sex Assault Investigation
A 43 year old Toronto man is the subject of a public safety alert.Toronto police are looking for George Flowers. He’s wanted in an aggravated sexual assault investigation and he is HIV positive. Flowers is alleged to have had sex with women, all while knowing of his HIV positive status since 1996.
