HIV+ man admits school fountain incident
A man with HIV who was caught on closed-circuit TV committing lewd acts on himself at an Albany primary school and pleaded guilty to charges in June remains in custody.
Darren Edward Foster, 40, appeared in Albany Magistrate’s Court last Wednesday but was remanded in custody pending a decision on which court will sentence him.
Foster had been in custody at Albany Regional Prison since the incident and appeared via video link.
He was caught on camera sitting naked on a drinking fountain while he committed an indecent act with a shovel at the school about midnight on April 12.
Arguing against a jail term, his lawyer said Foster was intoxicated at the time of the incident and was ashamed of his conduct and unlikely to repeat the behaviour again.
But Magistrate Elizabeth Hamilton said it was necessary to draw attention to cases in which people with particular health conditions have put at risk the lives of other people in the community.
She said it was through the swift action of the principal, who viewed the footage, that children were prevented from coming into contact with the fountain.
Foster pleaded guilty to trespassing, endangering the life, health or safety of a person, and breaching protective bail conditions in June.
Police dropped a fourth charge of damage to property last Wednesday.
Magistrate Hamilton adjourned until September 14 to view material and decide whether to send Foster to the District Court for sentencing.
