An HIV-positive man accused of having unprotected sex with an unsuspecting woman has asked a judge to allow him to plead not guilty after the victim claimed she lied.
Justin William Dalley, 35, unemployed of Lower Hutt, is charged with committing criminal nuisance by omitting to tell the woman he
was HIV-positive, knowing it could endanger her life.
He pleaded guilty to the charge last year and was due to be sentenced in November.
The police had alleged that Dalley had been in a long-term sexual relationship with the victim, who found out about his HIV status only when a letter was sent to her anonymously.
However, when sentencing day came, it was delayed after a judge wanted to know if the victim had contracted HIV.
Yesterday, Dalley's lawyer, Rob Stevens, told the Wellington District Court that the victim came forward shortly after and admitted to Dalley and his legal representation at the time that she had lied to the police and that she had known Dalley was HIV-positive.
He asked Judge John Walker to allow Dalley to vacate the plea of guilty and now enter a plea of not guilty.
Mr Stevens said if the victim had known because Dalley told her in a drunken moment, and she had had sex with him knowing the risk, then Dalley had a complete defence.
Crown prosecutor Ken Stone said Dalley had admitted he had been having unprotected sex with the woman, so obviously did not believe he had told her.
The victim was so distressed after the sentencing hearing went ahead that she had claimed she had known about Dalley's condition, he said. She later admitted she hadn't but just wanted everything to be over.
Judge Walker adjourned the case until tomorrow so he could deliver a decision.
- NZPA
