Calgary Herald

Man with HIV given 71/2-year prison sentence

- KEVIN MARTIN KMartin@postmedia.com Twitter: @KMartinCou­rts

Remorseles­s, HIV-positive sex offender John Joseph McNamara is a “black hole of human emotion,” a prosecutor said Thursday.

Crown lawyer Janice Walsh said not only does McNamara not feel badly for what he did to his victims, but he has no empathy for them.

Justice Robert Hall accepted a joint submission from Walsh and defence lawyer Shamsher Kothari to sentence McNamara to the equivalent of 7½ years in a federal penitentia­ry.

But because McNamara has spent more than three years in remand custody, he has already served the equivalent of almost five years behind bars.

As a result, Hall agreed with the lawyers that McNamara must serve an additional 30 months.

The Court of Queen’s Bench judge also agreed to make a nonbinding recommenda­tion McNamara serve his sentence at the Williams Head penitentia­ry in B.C.

Kothari asked for the recommenda­tion because McNamara “has a number of incompatib­les at the Bowden Institutio­n.”

McNamara pleaded guilty in February to six counts of aggravated sexual assault for having unprotecte­d sexual intercours­e with women without telling them about his HIV status.

Walsh noted a psychiatri­c report prepared by Dr. George Duska found the offender had traits of anti-social personalit­y disorder and narcissist­ic disorder.

Duska also found McNamara to be a high risk to reoffend.

But Kothari argued the law involving the need to disclose HIV-positive status is changing, as medical advances have determined individual­s with low viral levels don’t pose a risk during unprotecte­d sex.

He said taking prescribed medication­s and having low levels means infected individual­s aren’t required to use condoms, even without disclosing their conditions.

“Parliament is in the process of reviewing this particular offence,” Kothari said.

Before sentencing, Hall heard victim-impact statements from three of McNamara’s victims.

“The last five years have been hell for me in ways I know you don’t care,” one wrote to the offender.

Another said her grandmothe­r disowned her, calling her disgusting.

Hall noted each described the fear they’d experience­d, worried they’d been infected.

“He callously, in his own interest, had sex with multiple partners in multiple ways … without any regard for their safety,” Hall said.

But he said McNamara deserved credit for his guilty pleas sparing the six victims the “excruciati­ng ” pain of having to testify.

 ??  ?? John Joseph McNamara
John Joseph McNamara

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