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Mistrial in Ottawa case involving HIV-positive man

New trial set for early February

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An HIV-positive Ottawa man will be tried a second time for aggravated sexual assault following the declaration of a mistrial Jan 17.

Following word of unspecified problems on the jury, defence counsel Ian Carter said the defendant would be satisfied if Ontario Superior Court Justice Robert Maranger rendered a verdict. However, Crown prosecutor David Elhadad did not consent, leaving Maranger no option but to declare a mistrial.

When reached Jan 20 for comment, Elhadad would confirm only that a new pre-trial process has been set for early February. Carter was not available for comment.

The prosecution alleges the defendant did not disclose his HIV-positive status to his partner in a July 2010 sexual encounter. Over the course of the one-week trial, court heard that the two met via the Gay 411 website, where they arranged to meet. The defendant testified that he’d sought only a massage and wore condoms throughout the subsequent sexual activity.

The complainant, whose identity is subject to a publication ban, said there was an agreement to pay for sex. The complainant said that he agreed to have unprotected sex after the defendant told him he was not infected with HIV.