Posted on July 26, 2004

HIV Positive Zim Refugee In ‘Spa Pool Sex Orgy’, Jul. 21

SHINGIRAYI Nyarirangwe, an HIV positive Zimbabwean refugee had an orgy in a New Zealand spa pool, Auckland District Court has been told.

Two women, in their late teens, say they both had unprotected sex with Nyarirangwe after being invited to a party by a woman they met outside a small town liquor store.

Neither contracted the virus, but Nyarirangwe will stand trial for endangering the lives and health of four women — the pair from the party and two former girlfriends — by having unprotected sex during the years since his diagnosis.

Judge Phil Gittos yesterday committed the 24-year-old, a former card dealer at Auckland’s Sky City Casino, for trial on a total of 11 charges.

They include five charges of criminal nuisance arising from failing to discharge a duty by having unprotected sex, five assault charges relating to one of his girlfriends, including an alleged beating at the party, and one charge of unlawfully taking the girlfriend’s car.

A further 12 charges were withdrawn because two complainants failed to appear at yesterday’s deposition’s hearing.

Crown prosecutor Christine Gordon said the charges might be relaid later.

The withdrawn charges relate to two women said to have contracted HIV after unprotected sex.

An earlier relationship gave rise to charges of wilfully causing a disease, criminal nuisance, grievous bodily harm and assault.

Nyarirangwe’s lawyer, Roger Chambers, conceded there was a prima facie case to answer. The accused was remanded in custody by consent, but the court was told a bail application might be made before the next court appearance on August 26.

The Crown successfully applied for suppression of the names and personal details of the complainants, and of the name of the small North Island town where the pool incident happened.

According to evidence from doctors, Nyarirangwe tested positive for HIV in June 2001. He had been in New Zealand for three months and was applying for refugee status. He had a wife and son in Zimbabwe but did not know if they were infected. He had had more than 100 sexual partners, but usually used a condom.

A statement from a former girlfriend said their sexual relationship in 2001 lasted six months. They would have had unprotected intercourse about five times but HIV was never discussed.

A second women said she had unprotected sex with Nyarirangwe and her first lesbian experience in the spa pool after an evening of dancing and drinking. She was on prescription medication at the time and was concerned when she could not remember things from the night before.

Both women faced a 3½-month wait before being given the all clear.

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