HIV trial focuses on dates
Parole officers testified in the trial of an HIV positive man yesterday, telling Supreme Court jurors that he did not inform them of the correct date when he developed a sexual relationship with his former lover.
The 43-year-old Smith's Parish man, who cannot be named for legal reasons, denies exposing the 38-year-old woman to HIV - which is also considered to be a serious sexual assault - nine times between October 23 to November 5, 2003.
This week in his Supreme Court trial the court heard the HIV-positive man had unprotected sex with his girlfriend nine times before he told her about his condition.
But the woman also admitted she continued to continued to have sex with him after he told her - using a condom - before reporting him to the Police.
The complainant, from Sandys, gave evidence when the trial opened on Thursday.
She also said that on October 28, 2003 she helped him "fill out a medical form that consisted of headed questions and yes and no boxes". Most of them he answered no to including the HIV question.
Yesterday's session of the trial consisted of the defence and prosecution counsel battling over the dates and times of when the defendant actually told parole officers he had become intimate with the woman
During questioning by Crown counsel Graveney Bannister, parole officer Christopher Paul said that the had been attending regular meetings at the Department of Court Services and had told him he met a woman at a parenting class with whom he wanted to develop a relationship.
Mr. Paul said he reminded the defendant of his responsibility to disclose details of his condition before any form of intimacy, including kissing, which he said the defendant acknowledged.
On December 4 he said the Smith's Parish man was called into a meeting with Probation Officers as he had missed several meetings over the last month and officers were concerned. The officers expressed concerns that the he had not told his female partner about his condition.
In witness testimony this week, the Sandys Parish woman said the defendant told her he was HIV positive on November 8.
But Mr. Paul said statements the defendant made about when he had allegedly told the woman he had HIV were inconsistent. According to parole officers the defendant admitted that he told her about his condition on November 6 but then told a conflicting story that he then would agree to inform her of his condition.
"At the meeting didn't he say I did do it one time but it was a rush, rush thing," questioned defence lawyer Victoria Pearman.
"And didn't he say that on November 6 he had told her but you kept saying to him to tell her. You had formed a view he was being untruthful," she continued.
Mrs. Pearman maintains that the woman knew her partner was HIV positive and only told the Police because she wanted to get rid of him as a boyfriend. Ms Pearman also questioned why she did not report the accused on November 8, after his disclosure, but did so on December 4.
Parole officer Elliott Pitcher told the court the defendant said in a group meeting on November 13 that he had begun a relationship with a young lady and that the sex was consensual and they had used a condom.
The parole officer said the defendant told him he had sex as a "rush rush thing" and he then told his partner about the condition the following day.
