HIV positive couple jailed after sex in pool lead to fight with police

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A COUPLE who suffer from HIV and who fought with police officers after being caught having sex in a swimming pool have been jailed.

Lukasz Rutkowski, 23, and Tanya Kalonga, 21, struggled with cops and insulted staff after being thrown out of the baths at Edinburgh’s Ainslie Park Leisure Centre.

Shocked keep fit enthusiasts witnessed Rutkowski and Kalonga indulging in sex acts - the Polish immigrant fondling his lover’s breasts before exposing them for all to see.

Families who were using the pool were then subjected to sight of Rutkowski simulating an intimate sex act on Kalonga as he lifted her out the water.

Exasperated pool supervisor John Kenny tried to throw the pair out - but they refused and then threatened to shoot him.

Police then arrived to take the pair into custody but they attacked the horrified officers and hurled racist abuse at them.

And as they were taken into custody, they demanded staff give them a refund.

Shocked cops discovered that Rutkowski and Kalonga had HIV after arriving back at the police station.

Even although the chance of catching the virus is “negligible”, some of the police officers were told they could have caught the debilitating illness from the callous duo.

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

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

Jailing Rutkowski for two years and Kalonga for 19 monthsf ollowing a hearing at Edinburgh Sheriff Court today, Sheriff Nigel Morrison QC said he had no other alternative but to send them to prison.

The duo - both prisoners of HMP Saughton - pleaded guilty to breach of the peace and assault charges at an earlier court appearance.

At the earlier hearing, Sheriff Morrison heard how the duo lost the plot on 9 August, 2011, at 3pm when the pool was busy with young families and keep fit enthusiasts.

After receiving complaints that they had engaged in sexual activity, pool supervisor John Kenny decided to throw the pair out.

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.”

They refused to leave and Kalonga spat at the pool supervisor and Rutkowski said he was going to get a gun so he could shoot Mr Kenny and his family.

Constables Craig Reid, Derek Neish and Christine Gray arrived, but the duo - who had drunk three bottles of vodka between them - ignored their requests to leave the pool.

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

Rutkowski’s blood contaminated the officers clothing and skin. He also bit PC Reid on the leg and spat at him.

The court also heard that Kalonga scratched PC Reid’s arm and spat on him and spat into the eye of PC Grey as well as into her face and mouth.

At St Leonards’ Police Station, Kalonga spat on PC Selina Bruce and tried to bite her arm.

Police trying to gain information about Rutkowski and Kalonga then checked an international database which said the pair had HIV.

Ms Young then told the court that the victims then received a three day course of medicine which caused them to suffer nausea, vomiting and diarrhoea.

The coppers were then told they would have to wait six months before doctors would be able to tell them whether they contracted the debilitating illness.

The court heard on Tuesday that the chances of some of the victims contracting HIV from Rutkowski and Kalonga’s behaviour were extremely low.

However, in the case of Constable Neish, there remains a small possibility that he could catch the potentially lethal virus because both he and Rutkowski were bleeding.

Before sentencing, defence solicitor Matthew Auchincloss told the court that his client wanted to apologise for his behaviour at the pool.

He added: “He is very immature. He had spent the hours leading up to this incident drinking heavily.

“He has had a very unsettled life. He has been pushed from pillar to post and has spent his life staying between his parents and grandparents.

“He is absolutely willing to seek help for his anger management issues and seek help for his alcohol problems. “

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.

“On the day of the incident both she and her co-accused drank three bottles of vodka which was an extremely large amount of alcohol.

“She admits to have been engaged in sexual activity. She admits to being involved in amorous behaviour.

“She is a vulnerable adult and she suffers from depression. It was a situation that she is completely ashamed of and she is profoundly sorry for her conduct.”

Passing sentence, Sheriff Morrison said he had no other option but to impose jail time on the pair.

He added: “This was a very serious incident. I think the only appropriate sentence in these circumstances is a custodial one.”