Canada and Jamaica (McN) – Since 2012 the Toronto Police issued a Canada-wide arrest warrant for a HIV positive man, alleged to have had unprotected sex with four or more women, including his wife without disclosing to them his HIV status.
The Canadian justice system have been seeking to put on trial Jamaican Born George Flowers, 47 – also known as Mr. Flowas for, 11 counts of aggravated sexual assaults.
Allegations from Canada are that between 1997 and 2011, George Flowers had unprotected sex with four or more women, including his wife without disclosing to them his HIV status. Police believed that Flowers has known that he is HIV positive since 1997, but did not disclose this to the victims.
Allegedly, three (3) of the four victims subsequently contracted HIV; all complainants swore in affidavits that they would not have had sexual intercourse with him had they known he was HIV-positive.
Since the Canada-wide warrant was issued in 2012, Flowers fled back home to Jamaica for refuge.
Extradition Order Signed
The Corporate Area Resident Magistrate Court ordered his extradition in 2014, he was arrested that year to prepare for the extradition to Canada where he will stand trial for the charges.
Mr. Flowas Appeales the Extradition Order
He has been legally appealing the extradition order since 2014.
- Flowers appealed to the Supreme Court to dismiss the extradition order; his appeal was denied.
- Next he filed a notice of appeal that was dismissed in 2016.
- He filed another appeal on November 25 last year.
Jamaica Has No Law to Prosecutes Such Offenders, Claims Flowers
Flowers Arguments: Reports state that George Flowers appeal arguments are that Jamaica does not have any law for the offence that he is wanted for therefore, he cannot be extradited to face charges.
Prosecution Arguments: Jamaica’s prosecutors who are the defendants in the appeal case, argues that Jamaica does have a law which allows the 47-years-old George Flowers to be extradited to Canada to face charges. The Director of Public Prosecution (DPP) defended the case with the “Offence Against A Person Act,” stating that his conduct caused bodily harm to the complainants.
His appeal also contends that contacting HIV during consensual sexual intercourse, when the partner did not disclose the status – does not equal the illegal offense of “Inflicting Assault and Grievous Bodily Harm.” [The Law that his extradition is argued under by the Jamaican Prosecutors – making him eligible for extradition]
His appeal further claims that if Flowers was forced to disclose his HIV status to the women, his Constitutional Right to Privacy would have been breached.
Court: The Full Court has reserved its decision in the argument of the extradition appeal.
Wikipedia: Reserved decision is a legal term. After the hearing of a trial or the argument of a motion a judge might not immediately deliver a decision, but instead take time to review evidence and the law and deliver a decision at a later time, usually in a written form.