Guard jailed 13 years for de­lib­er­ate spread of HIV

Chronicle (Zimbabwe) - - National News -

AN HIV pos­i­tive mar­ried se­cu­rity guard at Umguza Ru­ral Dis­trict Coun­cil was on Fri­day sen­tenced to 13 years in jail for de­lib­er­ately hav­ing un­pro­tected sex with his girl­friend.

Nev­son Moyo (39) of Dou­glas­dale in Bulawayo was con­victed on his own plea of guilty to de­lib­er­ately trans­mit­ting HIV in con­tra­ven­tion of sec­tion 79 (1) (a) of the Crim­i­nal Law (Re­form and Cod­i­fi­ca­tion) Act by Bulawayo re­gional mag­is­trate Mrs Si­bongile Marond­edze. He will serve an ef­fec­tive 10 years in jail after three years were sus­pended for five years on con­di­tion that he does not within that pe­riod com­mit a sim­i­lar of­fence. In pass­ing the sen­tence, Mrs Marond­edze said Moyo com­mit­ted a se­ri­ous crime which war­ranted a lengthy prison term. “You in­ten­tion­ally had un­pro­tected sex with the com­plainant know­ing that you were HIV pos­i­tive. In fact, de­lib­er­ately trans­mit­ting HIV is a se­ri­ous of­fence that at­tracts up to 20 years im­pris­on­ment. Although the com­plainant tested HIV neg­a­tive, the fact that you ex­posed her to the deadly virus or in do­ing so you re­alised that there was a risk or pos­si­bil­ity of in­fect­ing her, is in it­self a se­ri­ous of­fence,” she said.

Mrs Marond­edze de­scribed Moyo as a heart­less man who de­served to be re­moved from society.

“A fine or com­mu­nity ser­vice is not a suit­able sen­tence for such a se­ri­ous of­fence. In the cir­cum­stances, a de­ter­rent sen­tence is called for to de­ter would-be of­fend­ers from com­mit­ting such mon­strous crimes,” ruled the mag­is­trate.

Pros­e­cut­ing, Mr Ti­nashe Dzipe said on June 27 this year, the com­plainant met Moyo at Ego­dini bus ter­mi­nus and he pro­posed love to her and she agreed.

The court heard that on Oc­to­ber 2, Moyo took ad­van­tage of his wife’s ab­sence and in­vited his girl­friend to his house where they en­gaged in un­pro­tected sex.

“After sex, the com­plainant sug­gested to the ac­cused per­son that they go for HIV test­ing and Moyo agreed. How­ever, the ac­cused kept pro­cras­ti­nat­ing to go for the test un­til Oc­to­ber 26 when the com­plainant vis­ited him for the sec­ond time and they had an­other sex­ual en­counter,” said Mr Dzipe.

The fol­low­ing day, the com­plainant ac­com­pa­nied Moyo to Renk­ini bus ter­mi­nus and while on their way, the vic­tim de­manded to search her boyfriend’s bag. She stum­bled upon a plas­tic bag which con­tained an­tiretro­vi­ral drugs and she quizzed Moyo.

“When the com­plainant con­fronted Moyo, he ini­tially lied to him that they be­longed to his un­cle in Nkayi. The in­quis­i­tive com­plainant con­tin­ued to pester him un­til he con­fessed that he was on an­tiretro­vi­ral ther­apy,” said Mr Dzipe.

The com­plainant re­ported the matter to the po­lice lead­ing to Moyo’s ar­rest.

In mit­i­ga­tion, Moyo pleaded for le­niency, say­ing he was mar­ried and the bread­win­ner tak­ing care of his wife and three mi­nor chil­dren.— @mash­nets.

Nev­son Moyo

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