Change of plea in HIV case

An HIV-positive man alleged to have slept with an unsuspecting woman has been allowed to change his guilty plea to not guilty.

Justin William Dalley, 35, unemployed, of Lower Hutt, has been charged with committing criminal nuisance by failing to tell a partner that he was HIV-positive, knowing it would endanger her health.

This week he asked Wellington District Court judge John Walker to allow him to change his plea after the complainant had told Dalley's lawyer she had lied about not knowing his condition.

Yesterday, Judge Walker outlined how Dalley had pleaded guilty and was to be sentenced last November. The sentencing was adjourned as the judge wanted to know if the complainant had been infected.

She became very distressed at the delay and, after spending some time drinking, called Dalley's lawyer and said she had known all along that Dalley was HIV-positive. Later she also called Dalley and his mother and said Dalley had told her one night after they had been out drinking.

Judge Walker said he could not make a decision on what the complainant had said. But, since the defence had raised the possibility that Dalley had told her in a drunken moment, he should be allowed a chance to prove it.

Judge Walker vacated the plea of guilty and at the request of Dalley's lawyer, Ian Hay, entered a fresh plea of not guilty. The judge adjourned the case for a two-day hearing starting on June 14.

- NZPA