Kidderminster man stopped taking HIV medication, court told
A defendant accused of recklessly transmitting HIV stopped taking his antiretroviral medication and attending clinics, a court has heard.
The 31-year-old man, from Kidderminster, is charged with inflicting grievous bodily harm by recklessly transmitting HIV to a woman he had unprotected sex with.
Taking to the stand, witness Dr Jacob Okonsukwa, who is a consultant physician in HIV medicine, told the court that when a patient is told they are HIV positive, the mode of transmission and the risks of onward transmission are explained to them.
He told the jury that whilst patients are encouraged not to have sex, they recognise that many people will still want to, so as well as medication, they offer condoms and advice on protection.
Dr Okonsukwa told the court: “Our nurses spend a lot of time with them going over safe sex essentially.
“We do advise them [patients] not to have sex.”
The witness told the court that a patient must continue taking their antiretroviral medication daily to keep the viral load down, otherwise, the virus becomes detectable and can mutate to become resistant.
Dr Okonsukwa told the jury: “Once you start treatment, the treatment is for life.”
Addressing the prosecution about the risks of stopping medication, Dr Okonsukwa said: “I have seen people die of the flu as people’s bodies cannot produce an immune response.”
The court heard that whilst some patients are “elite controllers”, where their body can control the virus without medication as it is undetectable, most people need to start treatment on the same day as their appointment with a nurse specialist.
Dr Okonsukwa told the jury that X had a viral load of 51,400 copies of the virus per millilitre of blood, meaning the virus was detectable and his body was unable to control the virus on its own, so he needed to take antiretroviral medication.
The court heard that X had contracted a resistant strain of HIV, so he was prescribed Triumeq, to bring down his viral load to undetectable and had to attend regular HIV clinics to check his viral load.
Dr Okonsukwa told the court: “If your viral load is detectable, then you need antiretroviral medication.”
The jury later heard that X started disengaging with the HIV clinic and missed several appointments despite eight letters being sent to his GP to say he had not been attending the clinics.
Dr Okonsukwa told the court that the hospital held two multi-disciplinary meetings over him not engaging with the HIV clinic, and eventually decided to pause his medication deliveries to his home, so he would have to come into the clinic to pick up his next prescription.
The court was told that he had a six-month supply of medication, but Dr Okonsukwa next met with him over a year later when he was brought into the clinic by police.
The jury heard that at that meeting, Davis had a viral load of less than 20, meaning it was undetectable, and Dr Okonsukwa said it suggested he was taking his antiretroviral medication at the time of the meeting.
Dr Okonsukwa told the court that he asked him privately why he had disengaged with the HIV care.
He told the jury: “He said he had had a very difficult time.
“He did say he stopped taking his medication for a time.
“He did not specify how long he’d stopped taking them.”
The jury heard that Dr Okonsukwa had been told by police that X had tablets left over from his last delivery, but he said if Xs had been taking them daily, “he shouldn’t have had any left” as it was only a six-month supply of the medication.
The court heard that the complainant had the same strain of the virus as X and her CD4 count – used to monitor HIV progression – was still “healthy” when she was diagnosed, so it suggested she had recently contracted the virus.
Dr Okonsukwa told the jury: “She should have a ‘wild type’ virus as she was never exposed to antiretroviral treatment, but she has the exact same resistant strain [as Xs].”
The jury heard from Dr Okonsukwa that when the complainant was diagnosed with HIV, she was “very concerned” about X, who she claims was the only person she’d had sex with since her last HIV test.
Dr Okonsukwa told the court that the complainant didn’t think X had HIV, so she initially believed he must not have known he was HIV positive when they had sex.
The jury heard that the complainant did not know that X already knew he was HIV positive before they had sex.
In cross examination in front of the jury, the defence referred to the last time the complainant was tested for HIV and had a negative result.
The jury was told that a single HIV blood test can sometimes produce a false negative result.
The defence told the court: “If you stop taking the medication and start again, can they [patients] bring it [viral load] down to undetectable again?”
Dr Okonsukwa told the jury: “Not everyone. There’s a chance you can get mutations, but 60 to 70 per cent of patients can suppress the virus back to undetectable.”
He later told the court: “You could be [infectious] if you’re having sex with people when you stop taking your medication. You can pass it on.
“It’s not just about you.”
The jury heard that the defendant had an undetectable level when he re-engaged with the clinic, and the defence suggested it meant he was “not infectious”.
Dr Okonsukwa told the jury that whilst X was undetectable when he re-engaged with the clinic, he had not been tested at the clinic for a period before that when he stopped attending.
He told the court: “The reason why we ask them to come to the clinic every three to six months is to make sure the virus is undetectable, but between then it could be detectable”.
The jury later heard transcripts read out in court of messages X had sent on Grindr where he expressed he preferred unprotected sex but told the users that he was “clean” and tested regularly.
The court was told that the messages were sent after X knew he was HIV positive.
The court heard that after he was arrested and cautioned, he told police: “It’s [complainant], I’ve given it to her. I don’t know how it happened.”
The jury heard a transcript read out in court of an interview between DC Sally Sliwinska and Xs after his arrest, where he confirmed he was HIV positive, and although he hadn’t told the complainant, he was taking his medication so other people couldn’t contract the virus from him.
In the transcript read in court, X, who was diagnosed with HIV after he noticed persistent sores and flu-like symptoms, said: “I can’t pass it on if I’m taking the drugs constantly.
“I’ve been stressing for the last few weeks wondering how it happened.”
The court heard that X claimed he had stopped taking his medication after a family bereavement for about a week and “might have missed one, but I’d not have sex to try and balance it out”.
The jury heard that X said: “I was never worried about passing it onto her [complainant].”
X later said in the transcript read to the jury: “I feel awful about it to be honest.”
X has pleaded not guilty to the charge and denied the allegation against him.
The Worcester Crown Court trial started at Hereford on Tuesday (October 21) and is due to last three to four days.
The trial continues.
Woman tells court she contracted HIV
A WOMAN has told a court how a man (X) from Kidderminster accused of reckless transmission of HIV told her he had been tested for STDs.
The woman said the man told her he had been tested for STDs and she took his word for it.
She said she had unprotected sex with the 31-year-old.
He is charged with inflicting grievous bodily harm by recklessly transmitting HIV to the woman.
A trial at Worcester Crown Court sitting at Hereford heard yesterday (Tuesday October 21) that the woman was tested before having unprotected sex with Davis and was negative for STDs.
She was tested afterwards, having not had any other sexual partners in the interim and tested positive for HIV.
She told the court she now has to take daily medication and had been seeing a doctor every month, but she now sees a doctor every six months.
She said her previous medication caused migraines, severe nausea and insomnia so she changed to a different medication, which has fewer side effects.
The jury heard that X did not disclose to the complainant that he was HIV positive, and although he had previously taken medication to make his viral load undetectable, he had stopped taking the tablets at the time he had sex with her.
The court was told that numerous calls had been made to X from medical professionals after he stopped attending appointments, which were ignored.
X has pleaded not guilty to the charge and denied the allegation against him.
The trial started at Hereford yesterday (Tuesday, October 21) and is due to last three to four days.
The trial continues.
Kidderminster man charged with spreading HIV
A man has been charged with spreading HIV.
The charge relates to one victim and follows an investigation by West Mercia Police, the force said.
X, 29, pleaded not guilty to the criminal transmission of HIV at Worcester Magistrates Court on 6 June and appeared before the town’s crown court on 11 July.
X is next due to appear in court on 24 November.
Supt Mel Paley said: “We acknowledge people may be concerned about this case.
“In publicising it we have taken careful consideration to ensure the right balance between protection of the public and protection of the defendant’s rights to a fair trial.”
The force has said it is keen to hear from anyone who is concerned they have received sexual services offered via various social media platforms, possibly under an alias name, or visited adult parties in X Road in Kidderminster. All communication will be treated in confidence.
