In the Melbourne Magistrate’s Court late last month, a barrister representing Victoria Police argued that Victorian Department of Human Services counselling records would assist the police investigation by showing whether the man, identified only as “A”, knew he was endangering the two women, one of whom was allegedly infected with HIV.
No charges have yet been laid against the man, who has been HIV-positive for 10 years. If charged and convicted, the man could face a jail term of up to 21 years under Victorian law for intentionally infecting another person with a serious disease.
Counsel for the department, Peter Golombek, said the application was very unusual given that the man has not been charged. “The prosecution is trying to get evidence of admission to decide whether or not to prosecute,” he told the Court.
The magistrate reserved his decision.
— The Age
