Rugby legend Gareth Thomas denies court claim that he infected ex-partner with HIV
RUGBY legend Gareth Thomas has strongly denied High Court allegations he infected a former partner with HIV.
The former Wales and Lions rugby captain has been accused of ‘concealing’ his HIV positive condition and failing ‘to take reasonable care’ to ensure he did not transmit the virus to Ian Baum.
HIV carriers can be charged with grievous bodily harm if they fail to declare their status to potential sexual partners and pass on the infection.
In a case due to be heard in the High Court, Mr Thomas, 48, is accused by Mr Baum, 59, of ‘assault, battery, infliction of intentional harm and negligence’.
The claim is for at least £150,000 in damages, though could be higher for ‘serious physical and psychological injury’ and a ‘resultant loss of life expectancy of approximately six to eight years’.
The allegations, referring to a period between 2013 and 2018, came before Mr Thomas announced in an interview and BBC documentary in 2019 that he was carrying HIV.
Ever since, Mr Thomas has championed equality and inclusion, including for all of those living with HIV, and been a respected spokesman for the LGBT community.
When Mr Thomas revealed he was HIV positive, Prince William tweeted: ‘Courageous as ever, legend on the pitch and legend off it.’ The former rugby star has also been awarded a CBE for services to sport and health, and is an ambassador for the Terrence Higgins Trust HIV charity.
Mr Thomas said: ‘Many people live in fear and shame of having HIV, but I refuse to be one. We need to break the stigma. I’m speaking out because I want to help others and make a difference.’
He has spoken movingly of how he had tried to suppress his true sexuality for 20 years and throughout his five-year marriage to his childhood sweetheart, Jemma.
Mr Baum accuses him of using ‘coercive and controlling’ behaviour to prevent him pursuing a prosecution and revealing his HIV status. Mr Thomas strongly denies the allegations and is expected to file a ‘robust defence’, with a source close to the star describing the claim as a ‘work of fiction’.
Mr Baum, who has provided medical evidence to show he was HIV negative two months after meeting the former rugby star in September 2013, claims that within eight months of their relationship beginning he had contracted HIV.
In the court documents, Mr Baum alleges that Mr Thomas lied to him ‘about his HIV status and had coerced the claimant into having unprotected sexual intercourse when he knew that by doing so he was putting the claimant at risk of contracting HIV’.
Mr Baum, a home carer who lives in Plymouth, alleges Mr Thomas ‘was, and knew he was, already positive with the virus’ when they met. Mr Thomas is also said to have claimed to Mr Baum he took a test showing he was HIV negative.
But Mr Baum, who lived with him in Bridgend and Berkshire, claims to have discovered the sports star’s HIV status in May 2014.
Mr Thomas is said to have regularly taken pills which he claimed were ‘multivitamins’. Yet eight months after the pair’s relationship began, Mr Baum says he discovered a pill marked ‘GSK1’ on the floor. The claim states that ‘on Googling the pill, the claimant discovered that the defendant was taking anti-viral HIV medication’.
Mr Baum says he was ‘devastated’ to discover after a taking an HIV test that he was positive.
According to the court documents, Mr Baum ‘went into immediate shock and called the defendant [Mr Thomas] for an explanation, who was very repentant and apologetic on the telephone’.
As part of his refutation of the claims, Mr Thomas’s lawyers are said to have disclosed a note, dated
‘He’ll defend this claim, which is a work of fiction’
‘He was, and knew he was, already positive’
January 2016, from Mr Baum saying: ‘I lied – I already had HIV. Give this to your solicitor.’
Mr Baum claims he does not recall writing it and that he was ‘in a confused and vulnerable state’.
It also appears to contradict medical evidence he provided to the court. According to his submission, ‘The claimant accepts that he would have done anything to try to save the relationship.’
Mr Baum is seeking damages for various physical and mental ailments arising from his HIV condition, including bouts of depression.