A homeless man who said he had AIDS before spitting in a policeman's mouth and eyes has avoided jail.

Michael Gordon, who lives in a tent in Chatham, admitted one charge of assaulting the police officer.

He appeared before Maidstone magistrates this morning and the court was told he has not yet taken a blood test to put the policeman’s mind at ease.

While the 25-year-old avoided an immediate jail sentence, the officer has to take a lengthy course of medicine and may have to wait six months to find out if he has the virus.

In a statement the victim said: “During six years of front-line policing I have never been subjected to such abuse and maltreatment. This is disgusting behaviour.

“I have really struggled with this incident. I feel violated. I would rather have been beaten up than spat in the face.

"I have really struggled with this incident. I feel violated. I would rather have been beaten up than spat in the face..." - victim

“He didn’t voluntarily take a blood test. It would have taken two hours of his time. I now have to wait for six months to know if I am clear of HIV.

“Presumably, he couldn’t be bothered.”

Gordon carried out the attack in Maidstone Hospital’s accident and emergency department on Saturday June 27.

Police found him banging his head against an ATM outside Tesco Express, in Maidstone’s Week Street at around 7.20pm.

Prosecutor Natalie Brown told the court Gordon was arrested initially on suspicion of damaging the cash point.

He was driven to hospital for treatment to his head but his continual abuse towards hospital staff and police officers meant he had to restrained.

Around four hours after being arrested he spat a thick amount of blood and mucus at the police officer who was trying to help him.

Defence solicitor Harpal Virdee told the court his client quite clearly said during the evening he did not have HIV or Aids but accepts this needs to be proved to the victim.

Mr Virdee added his client will be taking a blood test on Thursday morning and at the time of the attack he was taking a dose of antidepressants that has since been changed.

Chairman of the bench Nick Crutchfield sentenced Gordon to 56 days in prison, suspended for one year, and 150 hours of unpaid work.

He must also participate in up to 30 days of a rehabilitation activity, pay the police officer £500 in compensation, a criminal court charge of £150, £85 prosecution costs and an £80 victim surcharge.

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