Court hears HIV 'admission'

A court has heard that a man who infected his girlfriend with the HIV virus, knew he had the infection 18 months before he met her.

The jury at the High Court in Glasgow heard tapes from police interviews in which 33-year-old Stephen Kelly said he had been told he was HIV positive in 1992.

Kelly, of Provanmill, Glasgow, denies culpable and reckless conduct by having sex with Anne Craig, 34, several times between December 1993 and March 1994, while knowing he was infected with the virus.

The court heard the pair's relationship began when they met at a party in Glasgow seven years ago and went back to the hostel where Kelly was staying, where they had sex for the first time.

"She asked if I was ever scared of catching anything - HIV, anything like that - and I said no"

Stephen Kelly

Kelly told police he had been tested for the virus during a spell in custody in Glenochil Prison and was told the results by doctors while he was on day release.

Initially, Kelly - who became HIV positive through injecting heroin - said he received no counselling or advice about the virus and believed it could only be transmitted by blood.

He said he first learned Miss Craig was HIV positive about five weeks after meeting her for the first time.

But he later admitted he was aware of the risks and consequences of HIV and Aids, as well as the possibility that the virus could be transmitted by sexual intercourse.

Stephen Kelly was interviewed by police

Asked if he had discussed his condition with Miss Craig, Kelly at first alleged he had spoken about it before he slept with her.

But later in the interview, he told Detective Sergeant Cameron Cavin, of Strathclyde Police, that he had not mentioned to her that he had the virus.

The detective asked: "Did you tell Anne you had HIV?" to which Kelly replied: "Yes I told her."

Detective Cavin said: "Before you had sex?"

Kelly replied: "I never told her about it before I had sex. I never told her that, I never told her anything."

The detective went on to ask: "Why didn't you tell her you had HIV?"

Kelly said that he could not answer that question.

Adjourned

Detective Cavin said Miss Craig had alleged that she had asked Kelly about the risk of HIV infection at the hostel before they slept together.

Kelly said: "She asked if I was ever scared of catching anything - HIV, anything like that - and I said no. I asked her if she was ever scared of catching it and she said no."

The prosecution's case was concluded on Wednesday and no evidence was presented in Kelly's defence.

The case was adjourned until 1000GMT on Thursday when the Crown and defence will present their closing arguments.