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HIV case jurors consider verdict 'Deliberate' HIV case man guilty
(30 minutes later)
A jury has retired to consider whether a man infected his former partner with HIV and Hepatitis C knowingly or by accident. A man has been found guilty of knowingly infecting his former partner with HIV and Hepatitis C.
The High Court in Glasgow was told that Giovanni Mola, from Edinburgh, did not care what happened to his lover. Giovanni Mola, 38, had denied culpably and recklessly failing to say he had HIV to the danger of the woman's life at the High Court in Glasgow.
Dorothy Bain, prosecuting, alleged Mr Mola failed to tell Miss X he had HIV and had unprotected sex with her. Mr Mola was alleged to have committed the offence between September 2003 and February 2004, at a flat in Edinburgh's Home Street and elsewhere in the city.
Mr Mola, 38, denies culpably and recklessly failing to say he had HIV to the danger of the woman's life. A jury of eight women and seven men returned the verdict.
In his speech to the jury, solicitor advocate Jim Keegan, defending, said: "Mr Mola said he used condoms. The only explanation is that a condom didn't work. Something had gone wrong.
"Something had happened. The condoms were not foolproof that's the only explanation he can give."
You have to decide whether what he did amounted to utter indifference for the safety and health of Miss X Lord Hodge
Mr Mola, an Italian chef, is alleged to have committed the offence between September 2003 and February 2004, at an address in Home Street, Edinburgh, and elsewhere in the city.
In her speech, Ms Bain told the jury: "Although Miss X asked him to use a condom he refused, sometimes aggressively. She was naive and inexperienced and was guided by him.
"Mr Mola says he always wore a condom and if Miss X has been infected it must have been an accident.
"However, he is unable to say when or how it happened. That's not credible. If he was so concerned about infection he would have noticed something had gone wrong."
In his closing speech, Mr Keegan told the jury: "This case is about facts. It's not about sympathy or morality, just straight forward facts."
'Personal experience'
Trial judge Lord Hodge gave legal directions to the jury on Wednesday morning before they retired to consider their verdict.
He told the eight women and seven men to use their "personal experience, common sense and judgment" in reaching their decision.
The judge said: "It's not necessary for the Crown to prove that the accused intended to endanger Miss X's life.
"You have to decide whether what he did amounted to utter indifference for the safety and health of Miss X."