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Source: ONE News
A 40-year-old HIV-positive man accused of infecting three men with the virus and attempting to infect a fourth was granted interim name suppression in Auckland District Court.
The charges relate to three men - aged 17, 24 and 26 - and attempting to infect a fourth man, aged 31.
The court on Friday was told the accused man had been sexually active with men and women in the Auckland and Wellington districts.
Maria Mortimer, representing the accused, requested bail and interim name suppression for three weeks until his next appearance on June 19.
Mortimer said the accused needed time to contact his family, including brothers and sisters throughout New Zealand.
"There has been huge media interest in this case. It would be fair in the interests of justice for him to contact his family himself.
"He has an extensive history with his employer, and there is a possibility that he will continue work with that employer. He has lived in Auckland since 2007," Mortimer said.
Crown prosecutor Phil Hamlin said he remained neutral on the issue of interim name suppression, but he would oppose continued name suppression beyond the accused's next appearance.
He said the accused was found yesterday by police in Auckland's Mission Bay, where he had rented out a motel room.
"It looked like he was avoiding the police, and he had not gone back to his premises where police had originally been with a search warrant. Inquiries were also made in Wellington where he had worked previously," Hamlin said.
Mortimer accepted the charges were very serious.
"This is a matter that will be defended. This will be a lengthy process. A trial could be up to a year away," she said.
She argued that it would not be in the accused's interests to remain in custody.
"The ongoing inquiries could take some time before the police are ready to proceed. It would be completely wrong to keep him in custody while the police continue their inquiries.
"He is employed in Auckland, has a residential address in Auckland and he has been there for over a year, and has a previous address of 14 months."
Judge Josephine Bouchier granted interim name suppression but refused a bail application and remanded the accused in custody until his next appearance. She said the maximum penalty was seven years in prison for attempting to infect with HIV, and 14 years for infecting with HIV.
The court heard the accused also has Hepatitis B and chlamydia.
Judge Bouchier said the men who had been infected would never be cured and would suffer for the rest of their lives.
She said she was concerned that if the accused was given bail, he might interfere with complainants and witnesses.
"He has contacted one complainant several times and asked him not to contact police. The victims are fearful of him being granted bail.
"I don't believe the court could make any bail conditions which would prevent the defendant from having access to the internet and continuing internet dating.
"He should be remanded in custody in the public interest."
