Andre Chad Parenzee - Findings

Findings

The judge found that, contrary to Turner & Papadopulos-Eleopulos's assertions:

  1. HIV has been isolated
  2. HIV exists and is identifiable.
  3. There is no longer any genuine scientific dispute about that proposition.
  4. Electron micrographs of HIV exist.
  5. The genetic testing which has been developed is specific and accurate for the identification of HIV
  6. Endogenous retroviral sequences are distinguishable from HIV
  7. The method for testing for HIV is extremely rigorous and is highly specific and sensitive, and provides a scientific basis for establishing HIV infection
  8. Antibody tests which are used throughout the world accurately test for the virus HIV.
  9. There is overwhelming evidence that HIV can be and is transmitted by sexual intercourse, including heterosexual contact
  10. HIV causes AIDS
  11. Though there is disagreement about the mechanism, HIV causes the depletion of CD4 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. . 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.

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