Australia: Adeleide man charged with underage sex, HIV exposure

This summary is not available. Please click here to view the post.

Australia: More charges against African migrant in Adelaide

The 40 year-old African migrant previously charged with "two counts of endangering life after he exposed his partner to the HIV virus" and released on bail last month is now "facing five counts of an act to endanger life allegedly perpetrated against five women."

It is still unclear from the latest report in Adelaide Now (which continues to print his name and show his photo) whether any of the five female complainants are now HIV-positive.

What has become clearer is that criminal charges were laid following failed public health intervention.

Prosecutor Lucy Boord has previously told the court [the man] had a "flagrant disregard" for the health of the women.

[The man] had allegedly ignored three Department of Public Health orders by allegedly having unprotected sex with them.

"The community is at risk of this accused because he continues to ignore any order issued," Ms Boord said.

"The offending itself is extremely serious given... his flagrant disregard of the victims and their health."

The prosecution has asked for more time "to gather evidence for the new charges".

"There is still a large amount of information to come in this matter, including medical declarations," Ms Boord said.

The man remains on bail and was ordered to appear in court again in July.

Australia: More delays in Stuart McDonald trial

The trial of Stuart McDonald – the 41 year-old Adelaide man accused of 'recklessly' infecting eight men with HIV between January 2001 and January 2006 – has been delayed again until at least May, because the prosecution needs more time.

Accoring to a report in The Australian, he again appeared in the Supreme Court and pleaded not guilty to eight charges of

having unprotected sex with the men while knowing he had the HIV AIDS virus and knowing the acts were likely to endanger their lives and intending or being recklessly indifferent to endangering their lives.

He also pleaded not guilty to raping, assaulting and threatening the life of one of the men in February 2005.

Justice Kevin Duggan told the court he was "anxious'' to list the case for trial "as soon as possible''. Crown prosecutor Dominic Petraccaro said the prosecution was not in a position to list the case yet. "It's obviously a complicated trial,'' he said.

Justice Duggan adjourned the case until next month (May 1) saying he would like the prosecution and defence to be in a position then to indicate when it was anticipated the trial might be able to commence.

Mr McDonald was the first person to be detained without charge under South Australia’s public health Act, in April 2007, and he remains in custody awaiting his trial.

Australia: Bail for African migrant accused in Adelaide

An African migrant who is charged with "two counts of endangering life after he exposed his partner to the HIV virus" has been granted bail.

ABC online reports that the man, whose case was first reported last month, has received "home detention bail on the condition he surrenders his passport and wears an electronic monitor."

Despite the report's headline – 'Bail for accused HIV infector' – it's not clear from any of the reports so far that that he is actually accused of criminal HIV transmission, but rather non-disclosure prior to unprotected sex (criminal HIV exposure). This seems possible under South Australia's criminal law, but unusual.

Last month's report from Adeleide Now included the following details:

[Police] allege he exposed the woman to the Human Immmuno-deficiency Virus (HIV) through sexual intercourse in 2004 and 2005, without her knowing that he was HIV-positive.

This latest report adds a little more detail to the case, notably that, like so many accused in low-prevalence high-income countries, the man is a heterosexual African migrant:

The court heard [man's name] came to Australia as a refugee and has been living in Australia for 10 years.

The court also heard he was about to return to Africa when he was arrested.

However, the report also suggests that it is not only the woman who is a complainant in the case, but also her baby.

He will also be prevented from contacting any of his alleged victims including a child born to one of his ex-girlfriends.

This suggests that the woman, his ex-girlfriend, tested HIV-positive after transmitting HIV to her baby, and he now stands accused of both infections.

Australia: Stuart McDonald finally pleads not guilty; trial begins next month

Stuart McDonald, the Adelaide man accused of infecting eight men with HIV in 2005 and 2006 after meeting them via a gay dating site and who has been awaiting trial since his 2007 arrest, has now pleaded not guilty and his trial will begin next month in the South Australian Supreme Court.

According to a brief report from ABC News online, he pleaded not guilty to eight counts of endangering life by having unprotected sex, one count of rape, one count of threatening to kill, and one count of assault.

Another article in the Adeleide Advertiser includes some ridiculously irrelevent 'facts' about Mr McDonald, such as his pubic hair colour, but also mentions that one the complainants originally failed to pick him out of an identity parade.

Today, the alleged victim said he took part in a police identification line-up after he learned he had been infected.

The court has heard McDonald was in that line-up and given the number six.

The alleged victim said he picked the fifth man in the line-up.

"That was when I saw number six smirk," he said.

"I looked closer, analysing his face, his eyebrow shape, his gaunt cheeks and his olive skin and realised I'd picked the wrong man."

For more background on this case see this article by Sally Cameron on aidsmap.com, and click here for a page refresh with all of my blog postings on the Stuart McDonald case.

Australia: Adelaide man charged with HIV exposure

The Australian reports:

A 40-YEAR-OLD Adelaide man faces two charges after he allegedly knowingly exposed a woman to HIV.

Yesterday detectives from the sexual crime investigation branch charged the man from Findon, in Adelaide's western suburbs, with two counts of acts endangering life.

He was remanded in custody to appear in the Adelaide Magistrates Court today.

Police allege the woman was exposed to the human immunodeficiency virus through sexual intercourse in 2004 and 2005.

They said she was unaware the man had HIV at the time.

"The investigation is continuing in order to attempt to locate other potential victims," a police spokesman said.

More details of the case, including the man's name, are published on Adelaide Now.

Australia: No more appeals for Andree Chad Parenzee

Andree Chad Parenzee – who was found guilty in Adeleide in 2006 of three counts of endangering life, has run out appeals.

He originally appealed last year by arguing that HIV does not cause AIDS and cannot be sexually transmitted. That appeal failed spectularly, and he was sentenced to nine years in jail. He appealed again in July, but that also failed.

Now, South Australia's Court of Criminal Appeal has ruled that his most recent appeal applications were "incompetent".

Full story from The Sydney Morning Herald below.

HIV man loses appeal against conviction
AAP/Sydney Morning Herald
September 16, 2008

An HIV-positive man jailed for having unprotected sex with three Adelaide women has lost a bid to have his case reopened.

Andre Chad Parenzee, 37, had tried to appeal against his conviction after being jailed for nine years in 2007 on three counts of endangering life.

He was charged after one of his victims, a mother of two, became infected with HIV.

In a majority verdict in South Australia's Court of Criminal Appeal, Parenzee's application for an extension of time to appeal and his application for leave to appeal were both dismissed.

In a two-one judgment, the court ruled that both his applications were incompetent.

Chief Justice John Doyle said that while he would have granted leave to appeal, he would have rejected the final appeal anyway.

He said evidence from doctors who dealt with Parenzee provided a solid basis for the jury to find that he knew that by having unprotected sex he would create a real, or significant risk, of infecting a woman with HIV.

"The evidence that Mr Parenzee gave about his state of knowledge and belief was, on my own assessment, unconvincing," Justice Doyle said.

"In any event, it was certainly open to the jury to reject much of his evidence."

In his appeal, Parenzee had argued there was no quantifiable evidence at his trial to prove he was likely to be putting anyone's life in danger when he had sex, or that he knew he was doing so.

"There was no evidence Mr Parenzee was told that having unprotected sex would lead to a person's life being in danger," his lawyer Andrew Tokley said.

"Parenzee believed that if he didn't ejaculate while having unprotected sex there was no risk to his partner."

Prosecutor Martin Hinton QC said Parenzee knew about the risks of unprotected sex within weeks of his diagnosis but had failed to tell his partner.

"He said he had cancer ... she is never told he has HIV until very late."

Last year, Parenzee lost a previous bid to appeal against his conviction after unsuccessfully arguing that HIV did not exist and could not be sexually transmitted.

An application to appeal his conviction to the High Court was expected.

With time off for good behaviour, Parenzee will be eligible to be released in 2011.

Australia: Parenzee appeals again

Andree Chad Parenzee – who was found guilty in Adeleide in 2006 of three counts of endangering life; appealed last year by arguing that HIV does not cause AIDS and cannot be sexually transmitted; and who was sentenced to nine years in jail after losing the appeal – is appealing yet again.

Last week, his lawyer applied to the Court of Criminal Appeal for permission to appeal again on mens rea grounds – that Parenzee's state of mind was that he did not think he could infect anyone with HIV.

Parenzee told his trial he used the "withdrawal method" when having sex with the women and thought that was a safe way of having sex.

"The question is whether at the end of the day that the evidence establishes or would prove to a jury beyond reasonable doubt that the accused knew that his actions were likely to lead to a particular outcome," his lawyer is quoted as saying in The Daily Telegraph.

In a widely reprinted Associated Press article, this is further elucidated:

He said the word "likely" was synonymous with more than probable and there was no quantifiable evidence at his client's trial to prove that he was putting anyone's life at risk each time he had sex.

The hearing was due to continue on Friday 18th, although no further reports have emerged so far.

Chad Paranzee did not know unprotected sex was AIDS risk
By Gavin Lower
Daily Telegraph
July 18, 2008

A MAN with HIV convicted of endangering the lives of three women by having unprotected sex with them is again trying to appeal against his convictions.

Chad Parenzee, 37, was found guilty in 2006 of three counts of endangering life and was sentenced last year to nine years in jail.

One of his victims contracted AIDS.

Parenzee has already lost two bids to appeal against his conviction by a South Australian Supreme Court jury and yesterday applied to the Court of Criminal Appeal for permission to appeal again.

His lawyer, Andrew Tokley, argued there had not been enough evidence at Parenzee's trial to convict him.

"The question is whether at the end of the day that the evidence establishes or would prove to a jury beyond reasonable doubt that the accused knew that his actions were likely to lead to a particular outcome," he said.

Mr Tokley said there was no evidence Parenzee was told that having unprotected sex would lead to a person's life being in danger.

Parenzee told his trial he used the "withdrawal method" when having sex with the women and thought that was a safe way of having sex.

Crown prosecutor Martin Hinton, QC, said Parenzee presented as a "particularly unsatisfactory witness" at his trial and that he was aware of the risks of transmitting HIV within weeks of being diagnosed.

"It was open to the jury he knew the risks he was exposing these women to," Mr Hinton said.

Parenzee's appeal also featured argument over the definition of the word "likely" in the charge.

Last year Parenzee lost a bid to appeal against his conviction, arguing HIV did not cause AIDS and could not be transmitted sexually.

The appeal was dismissed with Justice Sulan describing the argument as "implausible".

The CCA reserved its decision on the latest appeal.

HIV-positive man 'didn't know risk'
July 17, 2008
Article from: AAP

AN HIV-positive man jailed for endangering life by having unprotected sex with three woman did not know he was risking their lives, an appeals court has been told.

Chad Parenzee, 37, was convicted in 2006 and jailed until at least January 2011 on three counts of endangering life after a woman he had sex with, a mother of two, became infected with HIV.

The full court of the South Australian Court of Criminal Appeal is today hearing an application for Parenzee to appeal his conviction.

Parenzee's lawyer, Andrew Tokley, argued there was no evidence having unprotected sex was likely to endanger life.

He said the word "likely" was synonymous with more than probable and there was no quantifiable evidence at his client's trial to prove that he was putting anyone's life at risk each time he had sex.

"There was no evidence Mr Parenzee was told that having unprotected sex would lead to a person's life being in danger," Mr Tokley said.

He believed that if he withdrew while having unprotected sex there was no risk, Mr Tokley said.

The hearing continues.

Australia: Man suing SA for not preventing Stuart McDonald from 'infecting him with HIV' complains over costs

A man from Melbourne who is suing the South Australian Government for 'allowing' Stuart McDonald to 'infect him with HIV' is now publicising his problems with the costs of the complaint.

His lawyer has now gone public with the fact that he is being charged AUS$35,000 to get copies of more than 2000 documents relating to the case.

Two of the eight men that Mr McDonald is alleged to have infected with HIV are now suing the SA Government for not having controlled his behaviour.

Meanwhile, Stuart McDonald's trial is due to take place in August.

(click here for a page refresh with all of my blog postings on the Stuart McDonald case)

Full story, below, comes from Adeleide Now.

Victims charged $35,000 in HIV case
Andrew Dowell, Court Reporter
July 05, 2008

THE State Government is demanding victims of alleged HIV sex predator Stuart McDonald pay up to $35,000 to access crucial information about him.

Lawyers for a man suing the state over his alleged HIV infection accused the Government of threatening victims with "financial ruin" to stop them pursuing compensation claims.

They said demands of $35,000 just to inspect documents were "outrageous".

The Victorian man and another alleged victim have launched District Court claims.

They argue authorities failed to properly supervise McDonald when he was subject to a Health Department control order. McDonald, 42, is alleged to have "deliberately and recklessly" infected eight men with the HIV virus between January, 2005, and mid-2006.

One claimant's lawyer, Leo Redden, wrote to the Crown Solicitor's office seeking access to documents from the Health Department and a Sexually Transmitted Diseases clinic relating to McDonald's control order.

A letter from the Crown Solicitor's office said there were "approximately 2000 documents potentially within the scope of your request."

"This would amount to some 170 hours' work. The cost, therefore is likely to be in excess of $35,000," it said. "Could you please confirm your client is aware of this and is agreeable to pay the relevant costs."

In a strongly worded reply, Mr Redden accused the state of using threats against his client.

"The suggestion that (my client) and others could each be liable to the State of South Australia for an amount of $35,000 is outrageous and appears to be nothing more than an in terrorem threat, designed to dissuade our clients from pursuing their legal entitlements," he wrote.

"It is aimed at allowing a powerful litigant such . . . to threaten financial ruin to members of the public."

The alleged victim, 31, who lives in Melbourne, claims to have been infected by McDonald after they met on an internet dating site. Prosecutors have alleged McDonald infected eight victims after meeting them through the Gaydar website – at the same time he was subject to the Government control order.

Australia: Stuart McDonald case further delayed

The trials of Stuart McDonald – the Adelaide man accused of criminal HIV transmission, and who is yet to plead to allegations that he infected eight men with HIV in 2005 and 2006 - has been delayed a further eight weeks, following a joint application from the Crown and defence seeking more time for medical reports.

(click here for a page refresh with all of my blog postings on the Stuart McDonald case)

Given that all of the accused are gay men he alleged met on gay dating site, Gaydar, I think it highly unlikely that the Crown will be able to prove that McDonald, and only McDonald, could have infected them with HIV - as long as he has good defence counsel.

A recent case in the UK (which has not been reported) was dismissed before it went to trial following similar allegations. Key to the dismissal was a clued-in defence lawyer who explained to the judge the limitations of scientific evidence, as outlined here.

Story from The Adeleide Advertiser below.

More delays in court case of alleged HIV predator Stuart McDonald
by SEAN FEWSTER, COURT REPORTER
May 30, 2008

The case against alleged HIV sex predator Stuart McDonald has been delayed once again, this time until August.

The 42-year-old - accused of deliberately and recklessly infecting eight men - was due to appear in the Adelaide Magistrates Court today and enter pleas.

However, prosecution and defence made a joint application that the case be adjourned for eight weeks.

John Wells, for the Crown, said there were outstanding medical reports and other materials yet to be provided to defence counsel.

McDonald is yet to plead to allegations he infected eight men with HIV between January, 2005, and the middle of 2006.

He allegedly lied to some of the men, whom he met through the Gaydar website, about the virus before having sex with them.

He also faces charges of common assault and threatening life.

Psychiatric reports on the court file say McDonald has a narcissistic personality and was dismissive about infecting others, saying "that's their problem".

They further claim he poses a "significant risk" of having sex with men if left unsupervised.

Despite those fears, McDonald was in February released from a bail agreement that had him living with a family of four.

He successfully argued the arrangement was ruining the family's social life, as he was sleeping in their dining room.

McDonald was given permission by the court to live on his own, but told to attend court when required.

Magistrate Alfio Grasso today remanded McDonald on continuing bail.

Australia: Stuart McDonald finally 'free' on bail

A brief update in the South Australian case of Stuart McDonald, who has been kept under house arrest as part of his onerous bail conditions.

Adelaide Magistrates Court today ruled he was now 'free' to live elsewhere, according to a report from the AAP on news.com.au.

However, no other conditions appear to have changed, so he must still:

• wear an electronic monitoring device
• not use the internet
  
• be tested regularly for alcohol or drugs
• get authorisation for any visitors.

'HIV offender' freed from dining room

February 05, 2008 11:10am

Article from: AAP

ALLEGED South Australian HIV sex offender Stuart McDonald is free to live on his own, despite fears his new living arrangements put more men at risk of contracting the virus.

Mr McDonald wept as the Adelaide Magistrates Court ruled he could move out of a suburban home he has been sharing with a host family of four - a house in which he has been confined to the dining room.

Mr McDonald sought to have his home detention bail loosened, calling it an "oppressive regime", which was affecting not only his mental health but the social life and wellbeing of his host family.

Mr McDonald has yet to answer allegations he recklessly and deliberately infected eight men with HIV through unprotected sex.

Prosecutors have long opposed the bail variation, saying Mr McDonald could approach, have sex with, and infect more men if not under the strictest form of continuous supervision.

Australia: SA judge may relax Stuart McDonald's onerous bail conditions

Stuart McDonald, the first person to be detained without charge under South Australia’s public health Act, in April 2007, for alleged reckless HIV transmission, was in court yesterday, where the judge agreed to consider relaxing the very strict bail restrictions imposed on him.

These conditions include:

• the requirement to wear an electronic monitoring device
• being barred from internet access
• being tested for alcohol or drugs
• and not being allowed any unauthorised visitors.

He was originally told to live in the basement 'granny flat' of a family (the identity of which is suppressed, although the flat's owner is McDonald's AUS$2000 bail guarantor) but problems with his electronic monitoring device meant that he had to move into the family's dining room. He is prohibited from leaving the property, except for medical appointments, when he must be accompanied by a department-appointed person.

(More details on the case, and the impact, can be found in this excellent article by Sally Cameron on aidsmap.com. See also this post from my blog last October, about one of McDonald's alleged 'victims' who is suing the South Australian government.)

In a letter to the court, the family said their social life was now "in ruins" and that McDonald lived under an "oppressive regime" of constant checks by authorities.

McDonald is charged with seven counts of endangering life, but has not yet appeared in court to answer the charges.

Full report, from the The (Adeleide) Advertiser, is below.

HIV 'predator' set for own home
by Sean Fewster, Court Reporter
January 22, 2008

ALLEGED HIV sex offender Stuart McDonald left court today with a smile on his face, having moved a step closer to living on his own. The Adelaide Magistrates Court agreed to consider relaxing the strict bail imposed on McDonald, who is accused of recklessly and deliberately infecting eight men with HIV. If successful, he will move out of the suburban home he shares with a family of four, who say they struggle to live under his "oppressive regime".

The ruling comes despite fears McDonald will again have unprotected sex if not closely supervised. "If he were to abuse any newfound freedoms and expose another person to HIV infection, there would be enormously serious consequences," prosecutor John Wells said. "HIV is a major health problem, and the consequences are dire not only for McDonald's sex partners, but for others exposed to the disease."

The 42-year-old has yet to plead to allegations he infected the men between January 2005 and the middle of last year. It is alleged he was later dismissive about infecting others, saying "that's their problem". McDonald was released in June, under home detention conditions, to live in the family's granny flat. Problems with electronic monitoring meant he had to move into their dining room. In a letter, the family told the court their social life was now "in ruins". They said McDonald lived under an "oppressive regime" of constant checks by authorities.

Today Mick Woods, for McDonald, said his client spent eight hours a day alone while the family attended work and school. He had spent 10 days alone last year while they went on holiday. "In all honesty, he has demonstrated quite clearly and unequivocally he will comply with the terms of his bail," he said. Mr Wells said that was all the more reason to maintain the status quo.

"Compliance is a requirement of bail, and he should not be rewarded for obeying the law," he said. Chief Magistrate Liz Bolton remanded McDonald on his existing bail, ordering a report be prepared in time for a hearing next month.

Australia: SA goverment sued for 'allowing' Stuart McDonald to infect him with HIV

Man sues in HIV case
ABC News

The South Australian Government is being sued for allegedly failing to prevent a man from being infected with HIV.

The young man alleges he was deliberately infected by Stuart McDonald, 39, who has been charged with endangering the life of several men he had sex with.

McDonald's movements are restricted by home detention conditions.

The alleged victim's lawyer, Peter Humphries, argues the SA Health Department should have better managed McDonald.

Mr Humphries says his client had unprotected sex with McDonald in October 2005.

"That was at a time, as far as we understand it, at least two reports had been made to the Health Department of McDonald's practice of engaging in sexual activity without protection, knowingly full well he was carrying the HIV virus," he said.

Mr Humphries says his client, aged in his 20s, is angry that his life has potentially been cut short.

"I think it's probably fair to say the main one's anger, that he's been put in this position needlessly," he said.

"Had McDonald been put under some sort of control orders, given his complete lack of interest in exercising self control, then this whole thing would have been avoided."

Australia: Parenzee jailed for nine years

Andre Parenzee, whose appeal against his January conviction invoked AIDS denialism, sentenced in South Australia.

http://www.theage.com.au/news/National/Man-jailed-for-spreading-AIDS-virus/2007/09/27/1190486468397.html

Man jailed for spreading AIDS virus

September 27, 2007 - 4:15PM

A HIV-positive man who lied to and deceived three Adelaide woman about having the virus has been jailed for nine years.

A South Australian Supreme Court jury last January found Andre Chad Parenzee, 36, guilty of three counts of endangering life by having unprotected sex with the women.

All three women were former girlfriends of Parenzee, with one, a mother of two, later testing positive to the virus.

The woman had lived with Parenzee for two years, but he did not tell her he was HIV-positive until his sister informed her, the court heard.

Then, after the relationship ended, he exposed another woman to the virus, despite police already laying an endangering life charge against him.

In sentencing, Justice John Sulan said on Thursday Parenzee still had not come to terms with the fact he had contracted HIV, or the damage caused.

Justice Sulan ordered a five-year non-parole period and backdated the sentence to January last year.

The sentence had been delayed after Parenzee unsuccessfully appealed his conviction on the basis HIV did not exist, did not cause AIDS and was not sexually transmitted.

Parenzee lost a second appeal before the full bench of the Court of Appeal last month, after arguing the single appeal judge failed to take into account the different streams of thought on the cause of AIDS.

© 2007 AAP