Tuesday, April 18, 2006

HIV Carrier A 'Smiling Assassin'

SoloAUSTRALIA - In the Court of Appeal in Brisbane Ross Martin SC, for the crown, was arguing the court should not overturn Mark Kenneth Reid's conviction and 10 ½-year sentence.
In a Queensland first last December, a District Court jury found Reid, 37, who has been HIV positive since 1987, guilty of committing a malicious act with intent.
The court was told in 2003, Reid and his partner began a live-in, sexual relationship and engaged in regular, unprotected sex.
The relationship ended less than two months later when the partner discovered he had contracted HIV and suspected Reid was responsible.
The court was told the only other possible contributors – the victim's former lover, intravenous drug use and needlestick injury – were all ruled out.
The man, who cannot be named, told the court Reid had repeatedly reassured him he was free of the virus. Reid denied the allegation in his police record of interview and claimed he was always honest about his condition.
In the Court of Appeal yesterday, barrister Brad Farr, for Reid, said his client should receive a new trial because the judge had misdirected the jury on issues including reckless intent.
But Mr Martin said the indications were Reid deliberately infected his lover because he had lied about his infection, continued to hide it from his lover and did not give him a chance to get remedial protection.
He said Reid had given himself an escape by then accusing the victim of having given him (Reid) the virus.
"There was no defence against this smiling assassin," Mr Martin added.
The Court of Appeal reserved its judgment.
from The Courier Mail

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