Edinburgh, Fife & East Scotland

Prison term for pool sex HIV pair in Edinburgh

Ainslie Park Leisure Centre (Google maps)
Image caption Rutkowski and Kalonga were arrested at Ainslie Park Leisure Centre in Edinburgh

A couple who both have HIV and who fought with police officers after being caught having sex in an Edinburgh swimming pool have been jailed.

Lukasz Rutkowski, 23, was jailed for two years and Tanya Kalonga, 21, for 19 months after admitting breach of the peace and assault charges.

The incident happened at Ainslie Park Leisure Centre on 9 August 2011.

Sheriff Morrison at Edinburgh Sheriff Court said the only appropriate sentence was a "custodial one".

The court heard how the pair struggled with police officers and insulted staff after being thrown out of the swimming pool.

The couple shouted racist abuse at the police officers. Kalonga spat at the pool supervisor and Rutkowski said he was going to get a gun so he could shoot the pool supervisor and his family.

'Horrifying side effects'

The court also heard that Kalonga scratched a police officer's arm and spat on him and spat into the eye of another officer as well as into her face and mouth.

As the officers tried to arrest them, Rutkowski started violently struggling with an officer. Both fell to the ground and both were bleeding.

Rutkowski's blood touched the officer's clothing and skin. He also bit the officer on the leg and spat at him.

Even although the chance of catching the virus is "negligible", some of the police officers were told they could have caught the illness from the pair.

They were forced to endure three days of "painful" medication which left them suffering from "horrifying side effects".

Children in pool

Doctors told them they would have to wait six months before they would know whether they had caught HIV.

Depute fiscal Michelle Young told the court: "Both were unconcerned that there were children in the pool and that they had gained the attention of many other persons."

The court heard how the pair had drunk three bottles of vodka between them.

Kalonga's solicitor Melissa Rutherford said her client had suffered problems after arriving in Scotland from Zimbabwe aged 10.

She added: "She has had a chaotic upbringing. She arrived in Scotland from Zimbabwe when she was 10 years old and was shortly afterwards diagnosed with her condition.

"She has never dealt with the consequences of her condition. She has never had any counselling in relation to her condition and realises that she has an extreme problem with alcohol."

Sheriff Morrison said: "This was a very serious incident. I think the only appropriate sentence in these circumstances is a custodial one."

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