A PRISONER who feared he had contracted HIV while he helped his bleeding cellmate has won part of his legal action against the Home Office.

Judge Michael Taylor, presiding over the civil hearing at Teesside Combined Court, ruled that Stephen John McAuley should have received counselling for his ordeal in Durham Prison.

He ruled that McAuley, who waited for four months for an HIV test result, should have received it more quickly.

Judge Taylor adjourned the case for investigations into the extent of injury, which would have a bearing on the damages to be awarded.

The court heard that in August 1996, McAuley was serving a 12-month sentence in Durham prison for receiving a stolen car.

He was sharing a cell with a man on self-harm watch who was an intravenous heroin user.

McAuley, 54, of Durham City, said his cellmate slashed his own wrist.

As he helped the man, McAuley became covered in blood. Because he had earlier suffered a cut to his thumb he was worried about contracting HIV.

McAuley said prison officers took 20 minutes to come to his aid, he was left to clean the blood from the cell himself, and his request for a change of cell was refused. These claims were abandoned during the case.

The court heard McAuley suffered severe post-traumatic stress, mild depression, phobias and compulsive behaviour linked to the incident.

After the hearing McAuley said: "I am pleased with the result, but if I had been given counselling when I asked for it, I wouldn't be in the state I am now."

Surinder Mandair, for the Home Office, said: "We have been successful with the counts we considered to be the most serious because they involved accusations of negligence by prison officers. These were abandoned by the claimant."