REGINA _ The Saskatchewan Court of Appeal has refused to grant an HIV-positive former Canadian Football League player a new trial.

Trevis Smith was convicted of two courts of aggravated sexual assault last year after a judge found the player had unprotected sex with two women and didn't inform them of his condition.

Smith's lawyer argued in Appeal Court that the trial judge had already made up his mind about the credibility of Smith's victims before he decided not to believe Smith's testimony.

In doing so, Smith's lawyer said, the judge removed his client's presumption of innocence.

Smith's lawyer also argued that omissions his client made while being interviewed by police shouldn't have been used against him at trial because Smith had the right to remain silent.

Smith, who was a linebacker with the Saskatchewan Roughriders when he was arrested and charged in the fall of 2005, is eligible for parole in February. © 2008 The Canadian Press