An HIV positive man who allegedly had sex with three women without telling them of his medical condition has been ordered held in custody until his trial. The latest sex-assault charge stems from an alleged offence in December, after the complainant and the accused met at a social function. John Joseph McNamara, 41, was previously charged by RCMP in February with the first two counts.
On Tuesday, provincial court Judge Karin Jivraj said he would have released McNamara, if not for three alleged breaches of court orders since he was granted bail in March on the first two aggravated sexual assault charges. “I’m not satisfied on a balance of probabilities the accused has shown cause why he should be released,” Jivraj said after hearing arguments by defence lawyer Andrea Urquhart and Crown prosecutor Janice Walsh.
“All of the substantive charges were before the court at that time and the court deemed he was releasable,” said Urquhart. She said he was able to obtain a residence, but lost it because of media publicity after he was charged with the third aggravated sex assault. After McNamara was out on bail on the first two similar charges, police issued a public warning that there was information the accused man had been active on online dating sites.