Africa-Press – South-Africa. After yet another delay in the trial against an SA National Defence Force (SANDF) soldier accused of intentionally infecting his partner with HIV, the State has asked the court to investigate whether there have been unreasonable delays in completing the case.
According to AfriForum’s Private Prosecution Unit, the accused appeared in the Pretoria Magistrate’s Court on Tuesday.
The trial could not continue as his defence attorney was not present.
“It is understood his attorney informed the prosecutor this morning that he was dealing with a family crisis,” the unit’s spokesperson, Barry Bateman, said.
The trial has been postponed on several occasions, most recently in September 2022, because the accused claimed he was ill and could not appear in court.
With the case delayed yet again, prosecutor Emile van der Merwe brought an application in terms of S342A of the Criminal Procedure Act for the court to investigate whether there has been an unreasonable delay in the completion of proceedings.
“The court ruled in the State’s favour and has ordered the defence attorney to present himself to court for a formal investigation.”
The case was then postponed to 25 January.
While the private prosecution unit, which is holding a watching brief for the complainant, said it was disappointed by the delay, it was encouraged the State had taken steps to ensure no further delays happened.
Bateman said the case had already been significantly delayed before the trial started, so they could not tolerate any more stumbling blocks on the road to justice for the complainant.
“We see it far too often that the courts postpone matters for the flimsiest reasons from either accused persons or their defence attorneys.”
He added:
“We will also continue to support the complainant. Our commitment will not wane to ensure that justice is done.”
Charge
News24 previously reported the 45-year-old soldier had pleaded not guilty to a charge of attempted murder.
According to the charge sheet, the accused, a staff sergeant stationed at the SANDF’s Special Forces Unit in Phalaborwa, Limpopo, tested positive for HIV in October 2007.
The accused regularly underwent compulsory medical examinations, which included tests for HIV, as a member of the SANDF.
“The accused was immediately, after the outcome of the aforesaid testing, informed by the SANDF medical staff that he was HIV positive,” the charge sheet stated.
In 2016, he became romantically involved with another soldier who held the rank of corporal in the air force.
It is alleged the accused had consensual and unprotected sex with her on several occasions between December 2016 and April 2017 but never revealed his HIV status to her.
She tested negative for HIV in August 2016 and did not have sex with anyone from the time she received her negative status report until she became involved with the accused, the charge sheet stated.
“The accused very well knew, at all relevant times, that the HIV disease he carried could be sexually transmitted to the complainant if he had unprotected sexual intercourse with her and that by doing so, he could infect the complainant with HIV.”
The complainant had previously testified in the trial, where she told the court she had tested negative for HIV just before becoming romantically involved with the accused.
She also testified the accused would remove the condom during sexual intercourse, despite the fact that they, on those occasions, agreed they would only have intercourse if he wore a condom.
He also allegedly assured her he was HIV-negative.
The complainant told the court the accused allegedly refused to go for an HIV test with her and became angry if she asked him about his HIV status.
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