HIV status used to apply for bail

By ZEDAIAH KANAU
A MAN has applied to the Waigani National Court for bail on the grounds that he is HIV/AIDS positive.
The man, whose name has been withheld for security reasons, made an application before Justice Teresa Berrigan stating that he needed to seek proper medical treatment outside of Bomana prison.
The man is facing a wilful murder charge.
It is alleged that last Aug 4, at Silkwood in Hohola, Port Moresby, he killed PNG Defence Force officer Newton Kuri by hitting him on his head with a rock.
The man’s lawyer, Bosky Koke, from the Public Solicitor’s office, applied for bail on the grounds that the man was HIV positive and required daily medical attention that he could not receive at the Bomana clinic which was not equipped with trained professionals or medicines.
Koke submitted that the man was innocent of the alleged offence.
“The applicant has come out and disclosed his status, therefore, he would be subject to discrimination and it would be worse if he is in a confined area,” he said. “HIV/AIDS patients are subject to discrimination and are looked down on as second-class citizens.”
Koke said there was no intent to kill on the man’s part and that there were others involved.
“The charge is wilful murder,” he said.
“We note that the charge is not confirmed by the statement of facts.
“There was no intention to kill, but only to cause grievous bodily harm.”
Koke said if the man was allowed bail, he would pay K2,000 while his two guarantors would pledge to pay sureties of K1,000 each, amounting to a K4,000 bail.
State Prosecutor Solomon Kuku from the Public Prosecutors office objected.
“This is a sensitive issue and that proper instructions must be sought from the relevant institutions responsible to counter this ground in the application,” he said.
“The State was able to obtain two reports from the Acting Commanding Officer of Bomana Correctional Institution, Yelly Oiufa, from respective departments within the prison.
“From those two reports provided it can be clearly stated that there are other inmates that have the same medical condition that are treated and monitored while in custody.
“The applicant is no different than the others in custody and if granted bail will only give the others the same right to apply for bail.
“There are certain procedures in place when dealing with prisoners with the virus.
“The Bomana clinic is capable of monitoring and providing medical assistance.”
Justice Berrigan will deliver her decision today.