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Friday, 22 August 2008

Vic man guilty of trying to spread HIV

31/07/2008 3:18:27 PM.  | 

An HIV positive Melbourne man accused of arranging "conversion parties" and having unprotected sex at gay venues has been found guilty of trying to infect people with the deadly virus.

A County Court jury took more than three days to find Michael Neal, 49, guilty on 15 counts including two of rape and eight of trying to infect another person with HIV.

He was cleared on 11 counts, including two of causing people to be infected.

Neal, wearing a charcoal suit, white shirt and tie, sat expressionless during the verdict.

Outside court, Detective Sergeant Eric Harbis described the result as a team effort which showed behaviour like Neal's would not be tolerated.

"It certainly sends a message that this sort of behaviour was not tolerated by his peers ... or the community," he told reporters.

Neal, of Coburg, was told by health authorities to practise safe sex and tell partners of his HIV status after being diagnosed in 2000, the jury heard during the two-month trial.

But prosecutor Mark Rochford said Neal ignored the advice and set on a deliberate path to infect people.

The jury heard Neal organised "conversion parties" where some people were not aware they were being infected and had unsafe sex at gay venues and beats without revealing he had HIV.

It heard Neal bragged about infecting 75 people and told one person he "gets off" on it.

Defence lawyer George Georgiou denied Neal infected or intended to infect others and that he acted recklessly.

He argued Neal did not believe he was infectious because the amount of virus in his system was low.

The Victorian Department of Human Services (DHS) opened a file on Neal in 2001 and placed restrictions on him that barred him from gay sex venues and having unprotected sex.

Former DHS chief health officer Dr Robert Hall told the jury that four orders were placed on Neal between 2004 to 2006 to stop him spreading the virus.

But a condition that Neal report daily to authorities was removed after he told them the amount of virus in his system was undetectable.

Neal grew increasingly hostile at the department's intervention, at one point telling them they should stop interfering in his life and take their concerns to the police.

His case contributed to Victorian Health Minister Bronwyn Pike's decision last year to sack Dr Hall, saying he should have told her office about Neal sooner.

Neal had pleaded not guilty to 34 charges.

He was also found guilty of one count of administering a drug for the purposes of sexual penetration, three of reckless conduct endangering person and one of procuring sexual penetration by fraud.

He was found not guilty of two counts of causing another person to be infected, six counts of trying to cause another person to be infected and three of reckless conduct endangering a person.

He will be sentenced at a later date.

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