Woman accused of trying to infect police with Hepatitis C was not tested

The 22 year-old woman was handed a suspended sentence for resisting and threatening police 

The woman had bitten police officers after her child was taken into care
The woman had bitten police officers after her child was taken into care

A mother who had bitten police officers, called after she refused to give up her infant child to Social Services, has been cleared of attempting to infect them with Hepatitis C after it emerged that she had not been tested for the disease. The woman was, however, handed a suspended sentence for resistance and threats to a police officer.

Magistrate Caroline Farrugia Frendo had heard how the 22-year-old woman from Birkirkara, who lived in a shelter for women in need of social assistance, had gone to the Appogg offices after her newborn baby had been taken into care and her access to the child had been revoked. Her access had been revoked because she had endangered the baby during a previous visit by trying to pass it through a window in a bid to escape with it.

The woman had pushed two social workers, causing the police officers stationed at the offices to intervene. Such was her fury that the police called for backup, as the woman had started to violently lash out at anyone who approached, blaspheming, screaming and threatening to cause damage. She bit one officer on the hand as he tried to stop her from pushing a social worker.

Two officers managed to get close to the woman, who was on the floor at this stage, but she turned and bit one officer on his calf. She was eventually dragged into a police car, kicking and screaming and had allegedly caused damage to the vehicle.

It emerged from the testimony of her probation officer that she had been on probation for having already attacked and bit a police officer. The probation officer had said that she would accompany the woman, who she said suffered from mental health issues, to Mater Dei Hospital for ante-natal checkups, where it had been found that she was positive for Hepatitis C.

In its judgment on the case, the court said that it had to be proven that the woman was in fact infected with an contagious disease. It noted that the two officers bitten by the woman had tested negative for Hepatitis C, but that the woman herself had not been tested. In the absence of evidence to the contrary, the court dismissed the related charges, which included attempted grievous bodily harm.

She was found guilty of violently resisting arrest and threatening a public officer in the discharge of his duties, as well as slightly injuring one officer. The woman was additionally convicted of breaching a probation order, but cleared of recidivism as the previous sentence exhibited did not specify the ID card number of the accused person. None of the damage alleged to have been made to the police car was proven, either.

In its considerations on punishment, the court took into account the woman’s criminal record which showed several convictions for similar crimes of insult or violence. It also emerged that the woman had been given opportunities by the courts to manage her anger issues.

Magistrate Farrugia Frendo sentenced the woman to two years of imprisonment, suspended for four years, together with a €5000 fine.

Inspector Elliott Magro prosecuted. Lawyers Jason Azzopardi, Kris Busietta and Julian Farrugia were defence counsel.