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Main Forums => Living With HIV => Topic started by: newt on August 11, 2006, 08:59:46 am

Title: Sweet hurrah! for British justice: not guility verdict...
Post by: newt on August 11, 2006, 08:59:46 am
Prosecution for reckless HIV transmission in England ends with not guilty verdict (http://www.aidsmap.com/en/news/9770EEA6-020F-440A-9224-D7BAD7784A69.asp)

"A prosecution for reckless transmission of HIV has ended in a not guilty verdict in England for the first time.

The judge at Kingston Upon Thames Crown Court directed the jury to deliver a not guilty verdict. The case involved an HIV-positive gay man who was accused of recklessly infecting his male partner. However, the defence, using evidence supplied by an expert HIV virologist from London’s Royal Free Hospital, successfully argued that phylogenetic analysis could not prove that person A infected person B. Phylogenetic analysis has been used by the prosecution in this and all the previous prosecutions for reckless transmission to show a transmission link between individuals

Evidence also came to light during the trial that the complainant had had unprotected sex with numerous men other than the accused, some of whom were HIV-positive. "

This really shouldn't have come to court (see para 2 above)

- matt
Title: Re: Sweet hurrah! for British justice: not guility verdict...
Post by: Cliff on August 11, 2006, 09:12:05 am
How does this even get to the trial stage in the first place, considering the UK's policies on HIV prosecution?  It doesn't seem like it even met the test for an arrest.
Title: Re: Sweet hurrah! for British justice: not guility verdict...
Post by: newt on August 11, 2006, 09:16:22 am
The prosecuters are dumb about HIV transmission and some of the cops love a witch-hunt - matt
Title: Re: Sweet hurrah! for British justice: not guility verdict...
Post by: Cliff on August 11, 2006, 09:27:49 am
Well I hope he counter-sues someone (ok that's the American in me speaking).  But while he may have gotten a not-guilty verdict (thankfully), unfortunately the damage to his reputation is probably already done and dusted.  Shame.