Jamaican Justice Minister Delroy Chuck being sued by man accused of infecting women with HIV

Posted by admin on April 1, 2017 in Caribbean news, Say what

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.

George Flowers, HIV-positive man, who was born in Jamaica, is wanted by the Canadian government on a number of counts of sexual assault.

Reports are that Flowers, who fled to Jamaica, had unprotected sex with more than a dozen women in Canada 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 2012 the Toronto police issued a Canada-wide arrest warrant for George Flowers, 43 – also known as Mr. Flowas.

It’s alleged he has known since 1996 that he carries the HIV virus, which causes AIDS, but did not disclose his status.

Mr. Flowers worked in Toronto in the entertainment business and met the women he befriended in bars and other venues, police 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.

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.

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.

Read more: source

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