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Brian James Montgomery, charged for giving kids' mum AIDS
By Edith Bevin
May 19, 2008 12:00am
A FATHER-of-three will be prosecuted for infecting his former partner of more than 10 years with HIV.
Brian James Montgomery, 37, has been charged with maliciously causing his former partner to contract a grievous bodily disease sometime between January 1, 1994 and December 31, 2003.
When the couple embarked on a sexual relationship, the woman, then aged 16, allegedly asked him to wear a condom. Police will claim Montgomery, then aged 24, refused, saying: "Do I look like I've got AIDS?"
By that stage, he was allegedly aware that he carried the disease, having been informed of his condition six years earlier.
The couple went on to have three children together and the eldest is now aged 12.
Their youngest child was born in January 1998 but became seriously ill just months later and was admitted to hospital. Blood tests showed the infant had HIV.
The child died in September 2001 from an AIDS-related illness.
Police arrested Montgomery, who is on a disability pension, on December 6 last year and charged him with maliciously inflicting a grievous bodily disease. He was refused bail on December 7 in Penrith Local Court.
Montgomery later appealed to the Supreme Court and was granted conditional bail.
Under the ruling, he must live with his current partner at her Emu Heights home and abide by a curfew between 8pm and 6am unless in the company of his mother or partner.
Montgomery initially told police he did not know he had the disease until his baby was diagnosed with it and he, too, underwent blood tests.
Police claim he later admitted he first knew he had HIV when he was 18.
Montgomery claims he told his partner about his HIV status before they began their sexual relationship.
However, his former partner told The Daily Telegraph that was not the case. "My baby was getting sicker and sicker and he didn't say anything," she said.
"He never told me. Not even when DOCS was called in because people thought we must have been abusing (their youngest child) because he was so thin - he let people think it was my fault, that I was neglecting my child."
Montgomery said he intended to plead guilty because he had been advised it was going to be almost impossible to prove that he had informed her of his status all those years ago.
"I'm pleading guilty in the hope it doesn't go to trial," he said. "She knew about it from the start - she said it didn't matter, she said she loved me."
Montgomery, through his lawyer, has been negotiating with the Department of Public Prosecutions over the charge. He is yet to enter a plea.
The DPP refused to comment.
Montgomery will appear in court again on May 30.
By Edith Bevin
May 19, 2008 12:00am
A FATHER-of-three will be prosecuted for infecting his former partner of more than 10 years with HIV.
Brian James Montgomery, 37, has been charged with maliciously causing his former partner to contract a grievous bodily disease sometime between January 1, 1994 and December 31, 2003.
When the couple embarked on a sexual relationship, the woman, then aged 16, allegedly asked him to wear a condom. Police will claim Montgomery, then aged 24, refused, saying: "Do I look like I've got AIDS?"
By that stage, he was allegedly aware that he carried the disease, having been informed of his condition six years earlier.
The couple went on to have three children together and the eldest is now aged 12.
Their youngest child was born in January 1998 but became seriously ill just months later and was admitted to hospital. Blood tests showed the infant had HIV.
The child died in September 2001 from an AIDS-related illness.
Police arrested Montgomery, who is on a disability pension, on December 6 last year and charged him with maliciously inflicting a grievous bodily disease. He was refused bail on December 7 in Penrith Local Court.
Montgomery later appealed to the Supreme Court and was granted conditional bail.
Under the ruling, he must live with his current partner at her Emu Heights home and abide by a curfew between 8pm and 6am unless in the company of his mother or partner.
Montgomery initially told police he did not know he had the disease until his baby was diagnosed with it and he, too, underwent blood tests.
Police claim he later admitted he first knew he had HIV when he was 18.
Montgomery claims he told his partner about his HIV status before they began their sexual relationship.
However, his former partner told The Daily Telegraph that was not the case. "My baby was getting sicker and sicker and he didn't say anything," she said.
"He never told me. Not even when DOCS was called in because people thought we must have been abusing (their youngest child) because he was so thin - he let people think it was my fault, that I was neglecting my child."
Montgomery said he intended to plead guilty because he had been advised it was going to be almost impossible to prove that he had informed her of his status all those years ago.
"I'm pleading guilty in the hope it doesn't go to trial," he said. "She knew about it from the start - she said it didn't matter, she said she loved me."
Montgomery, through his lawyer, has been negotiating with the Department of Public Prosecutions over the charge. He is yet to enter a plea.
The DPP refused to comment.
Montgomery will appear in court again on May 30.
