The Scotsman

Victim of HIV hairdresse­r is denied £22k compensati­on

● Conviction over peaceful austerity protest sees man refused money

- By JANE BRADLEY

A Scottish man who was intentiona­lly infected with HIV by an Edinburgh hairdresse­r has been denied compensati­on – because he once took part in a protest against austerity measures.

The victim, known only as Matthew, was one of five men affected by the actions of Daryll Rowe, who last month became the first person to be convicted for intentiona­lly transmitti­ng the virus.

But Matthew has been denied any compensati­on after it emerged he had a previous conviction.

He was arrested following a protest over budget cuts in 2012 – he had interrupte­d a speech given by a Conservati­ve politician by shouting slogans – and was instructed to carry out 100 hours of community service, which he completed.

Rowe was sentenced to life in prison for infecting five men in England and attempting to infect five more. A Scottish court subsequent­ly sentenced him to another eight years for infecting another man, as well as attempting to infect three more north of the Border.

As a victim of a crime, Matthew was entitled to compensati­on of £22,000 from the Criminal Injuries Compensati­on Authority (CICA), which is governed by the Ministry of Justice. But people are prevented from being awarded anything if they have an “unspent” prior conviction. In Scotland, such a conviction lasts for five years, while in England, it would have been “spent “after just two.

Ruthdavids­on,scottishco­nservative leader, and former Labour justice secretary Lord Falconer, have written to the CICA in a bid to overturn the decision. It is understood that an appeal has also been lodged with CICA.

Matthew was convicted for “threatenin­g or abusive behaviour” under the Criminal Justice and Licensing (Scotland) Act and for shouting slogans such as “No ifs, no buts, no public sector cuts”.

In an interview, he said that he had “fallen through a massive bureaucrat­ic trap”.

He said: “It’s just so frustratin­g because it means I can’t put this terrible event behind me. I want it all to be over.”

A spokesman for the Scottish Conservati­ves said: “This man sought Ruth’s help as a constituen­t, and she was happy to write seeking a change in the decision.”

Ms Davidson told CICA in her letter that Matthew’s protest “in no way relates to the crime of which he was later a victim”.

Lord Falconer wrote: “His [Matthew’s] conviction for the offence committed at the Conservati­ve Party meeting could, on no ordinary use of language, make him blameworth­y of being deliberate­ly infected with HIV.”

Rowe was diagnosed with HIV in April 2015 in Edinburgh, but refused treatment. During his trial, the court heard messages that Rowe had sent and exchanged with

0 Daryll Rowe was jailed after facing two trials, one on each side of the Border the men he met through apps such as Grindr, in which he taunted them with the fact that he had HIV, telling some that he had tampered with condoms they thought they had used.

A Ministry of Justice spokesman said: “This was a repulsive crime and we have every sympathy for Matthew, as well as the other victims in this awful case.

“The CICA compensati­on scheme clearly sets out that payments are reduced or refused if an applicant has an unspent conviction. Those decisions can be appealed through both CICA and the courts, and we are aware of an ongoing appeal in this case.”

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