Cleared of knowingly infecting three women with HIV

A Nigerian national has been cleared of knowingly transmitting HIV (human immunodeficiency virus) to three Maltese women - a middle-aged woman, a minor and another woman he eventually married - after evidence showed he had sexual relations with them before the relevant law came into effect, an appeal court ruled.

The man was, however, jailed for four years and six months for defiling the minor.

The man had originally been jailed for five years after the Magistrates' Court found him guilty of knowingly transmitting a disease, that is HIV, and of defilement.

He filed an appeal on several grounds, including that the Magistrates' Court's judgment was null according to law.

He argued that he should not have been found guilty and called on the Court of Criminal Appeal to clear him of all charges.

Mr Justice Joseph Galea Debono, presiding over the appeal, noted that, in delivering judgment, the first court had referred to the wrong articles of the law under which the man was charged and did not clearly outline the charges he was found guilty of.

These "unwarranted and absolutely unnecessary errors" rendered the judgment null, so the Court of Criminal Appeal proceeded to decide the case anew as requested by law.

The court heard that the man had come to Malta after obtaining a visa to work here. While here - during which time his visa expired -he had a sexual relationship with a middle-aged Maltese woman in summer 2004. When, some time later, this woman felt unwell, she was diagnosed as being HIV positive and the health authorities managed to trace the man as a possible sexual contact and tests revealed that he too suffered from HIV. So, on September 27, 2004, he was informed about his health condition.

At the end of December 2004, he struck a relationship with a 17-year-old Maltese girl and they had sexual relations. The girl booked a hotel room for a week, together with a female friend, and the three had three-way intercourse when the man had sex with the minor.

The situation lasted until January 2005 when the minor realised the accused was two-timing her with her friend who he eventually married. In October 2005, the minor was diagnosed as being HIV positive. Again, the health authorities tracked down the accused as a possible sexual contact. This led them to his partner - the minor's friend and his future wife - who was also HIV positive.

At that stage the police intervened and the accused was charged with knowingly transmitting the disease to three women and with defiling the minor.

The judge noted that the accused had sexual relations with the middle aged woman in summer 2004 and with the minor between December 2004 and January 2005. However, the legal notice (137 of 2005) that specified the transmission of HIV as a crime only came into force on May 17, 2005. This meant that the accused could not be guilty of transmitting HIV to the middle-aged woman and the minor.

As for the other woman, who eventually became his wife, the accused argued that he first had sex with her in early 2005 and continued doing so on a regular basis after May 2005.

The accused argued that as he had had sexual relations before the legal notice was published there was no evidence to show that, if he infected her, this was done after the date.

Faced with his uncertain situation, the court could not establish, without reasonable doubt, that the offence took place after the law became applicable and, therefore, could not find the accused guilty of infecting the third girl.

The court however found the accused guilty of defiling the minor and, in view of the grave nature of the case, jailed him for four years and six months.

The name of the accused is not being published to protect the identity of his wife.