IS WHERE DIS HIV MAN GETTING THIS MONEY FROM A SUE?

Lawyer files lawsuit to have ‘Flowers’ returned to Jamaica

FLOWERS… accused of engaging in s*xual intercourse with several women without disclosing his HIV status (Photo: Toronto Sun)

ATTORNEY Don Foote has filed a lawsuit against the Government over his client, George Flowers, who was recently extradited to Canada to face s*x charges.

The attorney wants the Government to facilitate the return of Flowers to Jamaica.

The lawsuit, which was filed at the Supreme Court this week, accused first defendant, Justice Minister Delroy Chuck, along with Director of Public Prosecution Paula Llewellyn and Attorney General Marlene Malahoo, second and third defendants respectively, of being in breach of their oaths of office. The Correctional Department was also listed as a defendant.

Foote is seeking the court’s permission to have the three officials removed from their offices if they are unable to bring back Flowers to Jamaica.

The attorney also filed an order for specific discovery of the warrant of surrender signed by Chuck, a court date has been set for July 11 for the defendants to show him a copy of the extradition warrant on which his client was removed from the island.

Foote claimed that his client was extradited to Canada without proper notice and that he was unaware of his whereabouts.

Flowers, who was wanted in Canada on 12 counts of s*xual assault, following allegations that he engaged in s*xual intercourse with several women without disclosing his HIV status, was extradited on June 22 following a long battle in the Supreme Court to squash his extradition.

According to Foote, in an affidavit supporting the lawsuit, he was not notified of any attempts to remove his clients out of the jurisdiction and believes that Flowers must have been removed under protest, kidnapped and/or abducted. Flowers, he added, never waived his rights to challenge his illegal removal from Jamaica, especially since he has the constitutionality of his attempted extradition to Canada pending in the court of Jamaica.

The lawyer pointed out that he filed a claim on February 3 to squash the November extradition warrant and also ex-parte notice of application to apply for judicial review.

However, he said second warrant was issued on February 7, and a hearing was set for July 31, after the defendants sought to strike out Flowers’ challenge.

Additionally, Foote said a contempt hearing had also been scheduled for June 29.

He said that after learning of attempts to remove his client on June 22, he made enquires at the Supreme Court and was informed that the removal of his client from the country was done without the court’s permission as he had matters pending.

Prior to his client’s extradition Foote said he last spoke to him on June 18 when he wished him a “happy Father’s Day” and told him that he was looking forward to his day in court and his bail application, having been in custody for almost four years.

“Since these developments I have not heard from my client and I am fearful that he is a victim of cruel and unusual punishment facilitated by the actions of the defendants,” said Foote.

Flowers is to face the court in respect to four women who claimed that he knew he was infected with HIV and had s*x with them without telling them about his status.

According to information from the Office the DPP, “Three of the four complainants subsequently contracted HIV, and all complainants swore in affidavits that they would not have had s*xual intercourse with him had they known he was HIV-positive”.

The Globe and Mail website, in an article in October 2012, reported the Toronto police as saying that Flowers worked in Toronto in the entertainment business and met the women in bars and other venues.

“It’s alleged he has known, since 1996, that he carries the HIV virus, which causes AIDS, but did not disclose his status,” the Globe and Mail report said.

“The Criminal Code specifies that anyone who is HIV-positive must apprise their s*xual partners, and charges can be laid regardless of whether the infection is transmitted,” the newspaper reported.

The Canadian Government had requested Flowers’ extradition from 2013. He was arrested in 2015 and since that time has been challenging his extradition.