Who’s being reckless now?
It is was with some shock we at PN learned of the recent death of 38-year-old
Paulo Matias, a Portuguese migrant jailed for three years in 2005 for recklessly
infecting his former partner with HIV (see UK News, page 12). He was the fifth
person to be jailed for HIV transmission in the UK.
Matias was released from jail early last month to spend his last days in a
hospice. Three months earlier, his former partner, a 57-year-old woman, died
from a stroke, possibly linked to HIV.
Back in April, I attended the sentencing at Leicester Crown Court and recall
seeing a confused and frail Matias in the dock. His highly distressed former
partner sat in the public gallery. At the time his own barrister felt compelled
to highlight Matias’s ill health during his plea of mitigation, pointing
out that a few months on a remand wing had already taken their toll.
Handing down a three-year sentence, the judge said Matias seemed to have a
poor understanding of his condition and a spell behind bars might allow him
to learn more about HIV. We feel sure a serious illness swiftly followed by
premature death was not quite what the judge intended.
Ironically we have Daily Mirror hacks to thank for reporting Matias’s
death. They got wind of his early release, and prepared an ‘Aids monster
released to infect others’-style story, only to find that Matias was
gravely ill. Thankfully their inflammatory headline went West and we got to
find out about the death of
someone who would have otherwise fallen below the radar.
On reflection however, is either death really so shocking or surprising? Even
in 21st century Britain, HIV can still be a killer. Those at greatest risk
of death tend to be late presenters, disempowered and with poor access to
quality healthcare or support services.
Before his arrest, Matias was rushed to hospital with Aids-related pneumonia.
Then the wheels of ‘justice’ whirred into action and he and his
former girlfriend were thrust onto a physically and emotionally draining roller
coaster of press scrutiny and court appearances.
Finally Matias was handed over to a prison healthcare system that hardly has
the best track record for providing care for HIV positive people (see Cell
Chronicles,
PN 115/August 2005 for more on life behind bars for HIV positive prisoners).
So no, sadly, the news of their deaths was neither shocking nor unsurprising.
What is shocking, however, is how anyone in a position of responsibility or
authority could ever think it healthy, appropriate or even safe to put a person
living with HIV behind bars. The Crown Prosecution Service should carefully
reflect on whether it really is in the public interest to put terminally ill
people through the courts to sentence them to a less than dignified death.
Amanda Elliot, managing editor
