Ireland: Judge refers case of man with HIV who bit cop to jury trial, saying ‘allegations too serious’ for lower court


Garda 'traumatised' over alleged biting, court told

January 30, 2014
Source: The Herald

A HIV-positive man allegedly bit a garda during an attack, leaving the officer “traumatised” as he waited for the all-clear from blood tests, a court has heard. DX (39) is accused of seriously assaulting the garda by biting him on a Dublin city centre street. He is also accused of assaulting another garda in the same incident. He is facing a jury trial after a judge refused jurisdiction to deal with the case at Dublin District Court, saying the allegations were too serious.

X, is charged with assault causing harm to two gardai at Westmoreland Street on May 8 last year. He is also charged with garda obstruction and causing a breach of the peace. The case came before Judge Hugh O’Donnell, who had requested a medical report. The DPP had consented to the case being dealt with summarily in the District Court. But the judge said he thought it should be tried in the Criminal Court, noting the report stated the accused was HIV-positive when he allegedly bit the garda.

“Has the DPP reassessed the matter in light of the medical report?” Judge O’Donnell asked. “Look at the trauma the garda went through wondering whether or not he had been contaminated by this bite.” He refused jurisdiction and remanded the defendant on bail to March 11.