Man who had conviction overturned for intentionally or recklessly infecting women with HIV is deported
He was deported because his asylum application was rejected and he was no longer legally permitted to remain in Ireland, sources told the Irish Independent.
In December 2023, his conviction for causing serious harm to two partners by intentionally or recklessly infecting them with HIV was quashed by the Supreme Court.
The 2018 case was the first prosecution of its kind in this State.
The man was sentenced to 10 years in jail. His appeal against his conviction was dismissed by the Court of Appeal in 2022.
But the Supreme Court later found there were flaws with how the trial judge guided the jury on the scientific analysis of samples of the virus taken from the three individuals, as well as the personal witness evidence.
He denied the charges against him.
His 2018 circuit court trial was told he commenced a relationship with both women in 2009 and was 'reluctant' to use contraception and had unprotected sex.
A later analysis of the man's medical records revealed that he was diagnosed with HIV in 2008 and had received treatment, advice and medication.
The court heard he was advised not to have unprotected sex and was prescribed anti-retroviral medication, which should have eliminated his symptoms and rendered him non-infectious. However, a 2010 screening showed he had a positive viral load, suggesting he was not taking his medication, the court was told.
He had pleaded not guilty to intentionally or recklessly causing serious harm to the women on dates between November 2009 and June 2010.
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Irish Daily Mirror
36 minutes ago
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Failed asylum seeker who intentionally infected someone with HIV deported
The first man to be prosecuted in Ireland for intentionally infecting someone with HIV has been booted out of the country, it has emerged. The Sunday Mirror has confirmed that the man was deported on Tuesday. The move came 18 months after he had a conviction and 10-year jail term for infecting two women in Dublin with HIV quashed by the Supreme Court – following a legal saga stretching back to 2018. The failed asylum seeker was served with deportation orders earlier this year – and sources have confirmed to us that he was finally removed on a flight from Dublin Airport on Tuesday. No plane was chartered for the operation and the man, who arrived as a juvenile asylum seeker in Ireland in 2008, was flown out on a normal passenger service. But sources say he was escorted on the journey from Ireland by gardai from the National Immigration Bureau. 'He was deported on a flight on Tuesday,' a source confirmed to us. The man, who is now in his 30s, had been in custody up until the Supreme Court's decision to quash his sentence in 2023. He would normally have been released immediately after that decision, but it is understood he remained in custody as the Director of Public Prosecutions considered whether or not he should be retried. Sources tell us no retrial was ordered and the man was told he was being deported - which happened on Tuesday. The Irish Mirror's Crime Writers Michael O'Toole and Paul Healy are writing a new weekly newsletter called Crime Ireland. Click here to sign up and get it delivered to your inbox every week It is unclear if he had spent any time as a free man following the Supreme Court decision – or had remained in custody the whole time. He had been convicted in early July 2018 of causing serious harm to two partners by intentionally or recklessly infecting them with HIV. He had denied the charges but a jury at his Dublin Circuit Criminal Court trial returned a unanimous guilty verdict. The court heard women both started relationships with the man in 2009 and he had unprotected sex with them. They were tested and found to be HIV positive in 2010. They both said he was their partner and it was later established he had been diagnosed as HIV positive in 2008 when he was tested upon his arrival in Ireland. Subscribe to our newsletter for the latest news from the Irish Mirror direct to your inbox: Sign up here.
Irish Independent
a day ago
- Irish Independent
Man who had conviction overturned for intentionally or recklessly infecting women with HIV is deported
The Ugandan man was deported from Ireland on Tuesday on a commercial flight, it is understood. He was deported because his asylum application was rejected and he was no longer legally permitted to remain in Ireland, sources told the Irish Independent. In December 2023, his conviction for causing serious harm to two partners by intentionally or recklessly infecting them with HIV was quashed by the Supreme Court. The 2018 case was the first prosecution of its kind in this State. The man was sentenced to 10 years in jail. His appeal against his conviction was dismissed by the Court of Appeal in 2022. But the Supreme Court later found there were flaws with how the trial judge guided the jury on the scientific analysis of samples of the virus taken from the three individuals, as well as the personal witness evidence. He denied the charges against him. His 2018 circuit court trial was told he commenced a relationship with both women in 2009 and was 'reluctant' to use contraception and had unprotected sex. A later analysis of the man's medical records revealed that he was diagnosed with HIV in 2008 and had received treatment, advice and medication. The court heard he was advised not to have unprotected sex and was prescribed anti-retroviral medication, which should have eliminated his symptoms and rendered him non-infectious. However, a 2010 screening showed he had a positive viral load, suggesting he was not taking his medication, the court was told. He had pleaded not guilty to intentionally or recklessly causing serious harm to the women on dates between November 2009 and June 2010.
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Enoch Burke wins court appeal over disciplinary panel bias in dismissal case
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