Andre Chad Parenzee
Encyclopedia
Andre Chad Parenzee is an HIV-positive Australia
n man convicted of three counts of endangering human life by exposing others to the risk of infection through unprotected sex as he claimed to them that he was HIV seronegative. In one instance he actually transmitted the virus.
Born in Cape Town, South Africa, Parenzee moved to Adelaide, Australia at the age of 15, becoming a chef and settling in Port Pirie. In January 2006, he was convicted on 3 counts of endangering life; the basis of the conviction was that he had unprotected sex with three women over a period of several years, despite being aware of the transmissibility of HIV, and had transmitted HIV to one of them.
In March 2006, Parenzee appealed his conviction, claiming that the existence and virulence of HIV have not been proven. He was supported by testimony from Valendar Turner and Eleni Papadopulos-Eleopulos
, two AIDS denialists who deny the existence of HIV. A number of prominent researchers, including Robert Gallo
, testified to the scientific consensus
that HIV exists and causes AIDS. Ultimately, the judge rejected the qualifications and testimony of the AIDS dissident witnesses, finding that there is "no longer any genuine scientific dispute" that HIV exists and causes AIDS. Parenzee's appeal was denied. Parenzee's lawyer, Kevin Borick
, has stated that he plans to appeal to a three judge panel.
Ms KC did not learn of Parenzee's diagnosis until 21 July 2003, at a hearing over access to their children. She testified that when confronted, he stated that he "did not give a shit about making [Ms SMC] ill."
The third victim, referred to as "Ms JB", had sexual intercourse with Parenzee from September to October 2004. Ms KC let her know that Parenzee was HIV positive by phone on 19 November 2004. Parenzee told her that was a lie; however JB confirmed it was true with Parenzee's mother, and by obtaining documentation from KC.
, claiming a miscarriage of justice, on the basis that there was no proof that HIV existed, could be sexually transmitted, caused AIDS, or could be tested for. At the hearing, the lawyers tried to present two members of the Perth Group, Eleni Papadopulos-Eleopulos
and Valendar Francis Turner, as expert witnesses in support of their claims. David Albert Cooper, Martyn Andrew Haydon French, Elizabeth Mara Dax, Dominic Edmund Dwyer, David Llewellyn Gordon, John Martin Kaldor, Robert Gallo
, and Peter James McDonald were expert witnesses testifying against the claims.
The presiding Justice John Sulan found that Papadopulos-Eleopulos lacked training and expertise in the field of biology, and had misrepresented the positions of others in her testimony. His finding was that:
Justice Sulan also found that "her qualifications do not provide her with the academic study required to give opinions on medical and scientific matters unrelated to nuclear physics." He further noted that she had no practical experience or formal qualifications in virology, epidemiology, electron microscopy, biology or immunology. The judge found that:
Regarding the Perth Group, the judge found that the Perth Group will use whatever means available to promote debate, including encouragement of persons such as the applicant, to promote their theories in courts of law.
Regarding Dr. Turner, the judge found that his knowledge of the subject matter is limited to reading. "He has no formal qualifications to give expert opinions about the virus. He has no practical experience in the treatment of viral diseases. He has no practical experience in the disciplines of virology, immunology or epidemiology."
Despite the inadmissibility of Turner & Papadopulos-Eleopulos's testimony, the Judge chose to consider the claims of the defence that HIV did not exist, that it was not sexually transmissible, that it did not cause AIDS, and that tests for HIV were unreliable.
The judge also denied an extension of time to appeal on the basis that the woman who seroconverted after having sex with Parenzee might have contracted the virus elsewhere, citing studies demonstrating the similarities of the infective strains.
In September 2007, Parenzee was sentenced to nine years in prison. He will be eligible for parole in five years. The sentencing judge noted that, even at the time of sentencing, Parenzee had not yet come to terms with the damage he had wrought.
In September 2008, South Australia's Court of Criminal Appeal dismissed Parenzee's application for an extension of time to appeal and his application for leave to appeal, finding both applications incompetent. http://news.smh.com.au/national/hiv-man-loses-appeal-against-conviction-20080916-4hpk.html. The finding was 2 to 1; the dissenter, Chief Justice John Doyle, said he would have granted leave to appeal, but would have rejected that final appeal anyway. An application to the High Court is expected; Parenzee will, with time off for good behaviour, be eligible for parole in 2011.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n man convicted of three counts of endangering human life by exposing others to the risk of infection through unprotected sex as he claimed to them that he was HIV seronegative. In one instance he actually transmitted the virus.
Born in Cape Town, South Africa, Parenzee moved to Adelaide, Australia at the age of 15, becoming a chef and settling in Port Pirie. In January 2006, he was convicted on 3 counts of endangering life; the basis of the conviction was that he had unprotected sex with three women over a period of several years, despite being aware of the transmissibility of HIV, and had transmitted HIV to one of them.
In March 2006, Parenzee appealed his conviction, claiming that the existence and virulence of HIV have not been proven. He was supported by testimony from Valendar Turner and Eleni Papadopulos-Eleopulos
Eleni Papadopulos-Eleopulos
Eleni Papadopulos-Eleopulos is the leader of a group of AIDS denialists who call themselves the "Perth Group" and have claimed since 1988 that HIV has never been fully isolated and therefore may not exist...
, two AIDS denialists who deny the existence of HIV. A number of prominent researchers, including Robert Gallo
Robert Gallo
Robert Charles Gallo is an American biomedical researcher. He is best known for his role in the discovery of the Human Immunodeficiency Virus , the infectious agent responsible for the Acquired Immune Deficiency Syndrome , and he has been a major contributor to subsequent HIV research.Gallo is the...
, testified to the scientific consensus
Scientific consensus
Scientific consensus is the collective judgment, position, and opinion of the community of scientists in a particular field of study. Consensus implies general agreement, though not necessarily unanimity. Scientific consensus is not by itself a scientific argument, and it is not part of the...
that HIV exists and causes AIDS. Ultimately, the judge rejected the qualifications and testimony of the AIDS dissident witnesses, finding that there is "no longer any genuine scientific dispute" that HIV exists and causes AIDS. Parenzee's appeal was denied. Parenzee's lawyer, Kevin Borick
Kevin Borick
Kevin Borick, QC is a highly regarded criminal-law barrister in South Australia, and the president of the Australian Criminal Lawyers Association.His notable cases include:...
, has stated that he plans to appeal to a three judge panel.
Circumstances of the case
The first woman involved, known in court documents as "Ms KC", bore Parenzee two children (one in 1990 and one in 1994). Parenzee was diagnosed HIV positive on 21 September 1998; he married Ms KC on 7 November 1998, keeping his diagnosis from her, and continuing to have unprotected sex with her. They separated in 2000, at which time Parenzee began cohabiting with "Ms SMC", a mother of two, and having unprotected sexual intercourse with her. In July 2001 Parenzee was hospitalized with what he falsely claimed to be cancer, and Parenzee's sister informed Ms SMC that in fact, Parenzee was HIV positive. Ms SMC took an HIV test of her own at that time and was determined to be HIV positive on 20 July 2001.Ms KC did not learn of Parenzee's diagnosis until 21 July 2003, at a hearing over access to their children. She testified that when confronted, he stated that he "did not give a shit about making [Ms SMC] ill."
The third victim, referred to as "Ms JB", had sexual intercourse with Parenzee from September to October 2004. Ms KC let her know that Parenzee was HIV positive by phone on 19 November 2004. Parenzee told her that was a lie; however JB confirmed it was true with Parenzee's mother, and by obtaining documentation from KC.
Court proceedings
Parenzee's request to try the cases separately was denied. He was tried and convicted on 3 counts of endangering human life on 31 January 2006. His lawyers appealed the case to the Supreme Court of South AustraliaSupreme Court of South Australia
The Supreme Court of South Australia is the superior court for the Australian State of South Australia. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Supreme Court is the highest South Australian court in the Australian court...
, claiming a miscarriage of justice, on the basis that there was no proof that HIV existed, could be sexually transmitted, caused AIDS, or could be tested for. At the hearing, the lawyers tried to present two members of the Perth Group, Eleni Papadopulos-Eleopulos
Eleni Papadopulos-Eleopulos
Eleni Papadopulos-Eleopulos is the leader of a group of AIDS denialists who call themselves the "Perth Group" and have claimed since 1988 that HIV has never been fully isolated and therefore may not exist...
and Valendar Francis Turner, as expert witnesses in support of their claims. David Albert Cooper, Martyn Andrew Haydon French, Elizabeth Mara Dax, Dominic Edmund Dwyer, David Llewellyn Gordon, John Martin Kaldor, Robert Gallo
Robert Gallo
Robert Charles Gallo is an American biomedical researcher. He is best known for his role in the discovery of the Human Immunodeficiency Virus , the infectious agent responsible for the Acquired Immune Deficiency Syndrome , and he has been a major contributor to subsequent HIV research.Gallo is the...
, and Peter James McDonald were expert witnesses testifying against the claims.
The presiding Justice John Sulan found that Papadopulos-Eleopulos lacked training and expertise in the field of biology, and had misrepresented the positions of others in her testimony. His finding was that:
Justice Sulan also found that "her qualifications do not provide her with the academic study required to give opinions on medical and scientific matters unrelated to nuclear physics." He further noted that she had no practical experience or formal qualifications in virology, epidemiology, electron microscopy, biology or immunology. The judge found that:
Regarding the Perth Group, the judge found that the Perth Group will use whatever means available to promote debate, including encouragement of persons such as the applicant, to promote their theories in courts of law.
Regarding Dr. Turner, the judge found that his knowledge of the subject matter is limited to reading. "He has no formal qualifications to give expert opinions about the virus. He has no practical experience in the treatment of viral diseases. He has no practical experience in the disciplines of virology, immunology or epidemiology."
Despite the inadmissibility of Turner & Papadopulos-Eleopulos's testimony, the Judge chose to consider the claims of the defence that HIV did not exist, that it was not sexually transmissible, that it did not cause AIDS, and that tests for HIV were unreliable.
Findings
The judge found that, contrary to Turner & Papadopulos-Eleopulos's assertions:- HIV has been isolated
- HIV exists and is identifiable.
- There is no longer any genuine scientific dispute about that proposition.
- Electron micrographs of HIV exist.
- The genetic testingHIV testHIV tests are used to detect the presence of the human immunodeficiency virus , the virus that causes acquired immunodeficiency syndrome , in serum, saliva, or urine. Such tests may detect antibodies, antigens, or RNA.- Terminology :...
which has been developed is specific and accurate for the identification of HIV - Endogenous retroviral sequences are distinguishable from HIV
- The method for testing for HIVHIV testHIV tests are used to detect the presence of the human immunodeficiency virus , the virus that causes acquired immunodeficiency syndrome , in serum, saliva, or urine. Such tests may detect antibodies, antigens, or RNA.- Terminology :...
is extremely rigorous and is highly specific and sensitive, and provides a scientific basis for establishing HIV infection - Antibody tests which are used throughout the world accurately test for the virus HIV.
- There is overwhelming evidence that HIV can be and is transmitted by sexual intercourse, including heterosexual contact
- HIV causes AIDSAIDSAcquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
- Though there is disagreement about the mechanism, HIV causes the depletion of CD4CD4CD4 is a glycoprotein expressed on the surface of T helper cells, monocytes, macrophages, and dendritic cells. It was discovered in the late 1970s and was originally known as leu-3 and T4 before being named CD4 in 1984...
cells and causes the breakdown of the immune system, resulting in the various diseases which are defined as AIDS-related diseases
The judge also denied an extension of time to appeal on the basis that the woman who seroconverted after having sex with Parenzee might have contracted the virus elsewhere, citing studies demonstrating the similarities of the infective strains.
In September 2007, Parenzee was sentenced to nine years in prison. He will be eligible for parole in five years. The sentencing judge noted that, even at the time of sentencing, Parenzee had not yet come to terms with the damage he had wrought.
In September 2008, South Australia's Court of Criminal Appeal dismissed Parenzee's application for an extension of time to appeal and his application for leave to appeal, finding both applications incompetent. http://news.smh.com.au/national/hiv-man-loses-appeal-against-conviction-20080916-4hpk.html. The finding was 2 to 1; the dissenter, Chief Justice John Doyle, said he would have granted leave to appeal, but would have rejected that final appeal anyway. An application to the High Court is expected; Parenzee will, with time off for good behaviour, be eligible for parole in 2011.
External links
- The case for severance (a primary source)
- HIV experts line up to refute denier
- Doubts on HIV's existence "insane"
- HIV skeptics' claims out of date, judge told
- HIV skeptics beyond stupid, says top scientist
- HIV discoverer blasts doubters in SA court
- Hogwash claim in HIV appeal
- HIV deniers like UFO supporters, court told
- HIV deniers "a joke"
- Medic cans colleagues' HIV views
- Expert attacks HIV sceptics
- AIDS: World waits on SA verdict
- Verdict
- Verdict
- HIV claims thrown out by judge
- Court Document: Verdict of the Supreme Court of South Australia (a primary source)
- Information about other prosecutions in Australian and relevant policy documents
- Shadow of Doubters, by Ruth Pollard. Published in the Sydney Morning Herald on 5 May 2007.
- An archive of court documents and commentary.