A Montrealer convicted of criminal negligence for transmitting HIV to partners has failed to withdraw his guilty plea to avoid deportation, despite making up excuses and trying to blame it on his lawyer.
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“His testimony that he was unaware of the consequences […] about his status in Canada is not credible. He knew them, and had been for some time,” said judge Yves Paradis in dismissing Alfredo José in the last days at the Montreal courthouse.
José, a 59-year-old permanent resident, has thus reduced his chances of continuing his life in Quebec. In fact, he is virtually guaranteed to be deported from the country once he completes his sentence for his criminal negligence that destroyed the lives of two women to whom he transmitted HIV.
According to the facts presented to the court, José had transmitted the virus to a first partner in 2008, following a sexual relationship during which the accused had remained silent about his condition. Then, seven years later, he did it again to another woman without telling her he had the virus.
José was eventually charged with aggravated sexual assault, but his lawyer Mike Jr Boudreau managed to reduce the charges, so his client finally admitted criminal negligence causing bodily harm.
“HIV is unquestionably a serious, life-threatening disease,” the judge said in his ruling.
full of excuses
However, given the seriousness of the charge and since he is not a Canadian citizen, José will be deported. And obviously, he is not delighted by this eventuality since for three years, he has done everything to withdraw his guilty plea.
Thus, he pleaded the language barrier even if he communicates in French with his relatives. He then claimed he misunderstood the charges and then had a tape exonerating him even though he couldn’t find it. He then tried to portray his lawyer as incompetent, while saying that he did not know that by pleading guilty, he would be expelled from the country.
And to put the odds on his side, he tried to pretend that when he recognized his wrongs, his cognitive abilities were diminished because of the pressure he felt.
“His testimony is not credible,” finally ruled the judge, dismissing José on each of his claims and maintaining his guilt.
José will return to court soon, for arguments on the sentence he will have to serve before being deported.