The case against a 50-year-old HIV-positive man accused of not telling a sexual partner he had the disease, was thrown out of court yesterday.

The man who cannot be identified for legal reasons, was charged with sexually assaulting a woman by doing a sexual act with her and withholding the fact he was HIV positive.

Yesterday, as his Supreme Court trial was supposed to begin, the alleged victim failed to come forward and Puisne Judge Carlisle Greaves told the defendant he had no case to answer.

The man pleaded not guilty in an arraignment's session on April 5, and was released on bail until the trial.