Legally blind
April 28th, 2007Judge turned against the Perth pair, threw out the baby with the bathwater
With Perth hobbled, perhaps conventional dissidents will be heard next time
Why Judge Sulan likes Gallo and we like John Moore
News reports of the Adelaide judgement are coming through now, and they show the basis of Judge Sulan’s decision to disallow the appeal of Andre Chad Parenzee, 36, against being jailed for having sex with three women without informing them that he carries antibodies against HIV, a virus which according to the original papers of Robert Gallo in 1984 does not cause AIDS (not to mention that how such antibodies could be transmitted sexually is another unanswered question).
Quite simply, it is his contempt for the independent scholars from Perth.
Both in the media and in his comments, the two decent and thoughtful witnessess for the defense from the Perth Group are being trashed mercilessly for their challenges to orthodoxy, which the judge rates as foolish and inexpert. Their reputation is now mud. Ms Papadopulos-Eleopulos is quoted on her forthright willingness to sleep with an HIV positive man as if she was some kind of gang bang:
‘HIV does not exist’ appeal thrown out
By Todd Cardy
April 27, 2007 05:56pm
A HIV-positive man convicted for having unprotected sex with three women has lost an appeal, after a South Australian judge rejected defence claims the virus does not exist.
Andre Chad Parenzee, 36, was convicted on three counts of endangering life last January after one of the women, a mother of two, became infected with HIV.
Defence lawyers launched an appeal calling two Perth medical researchers – Eleni Papadopulos-Eleopulos and Dr Valendar Turner – who testified in the South Australian Court of Appeal that the virus did not exist and could not be sexually transmitted.
The two AIDS-dissidents are members of the Perth Group, founded by Ms Papadopulos-Eleopulos, that believes HIV is not the cause of AIDS.
Justice John Sulan today dismissed the witnesses’ testimony, saying the pair lacked credibility and were advocates for a cause rather than independent experts.
He said the evidence that HIV existed was compelling and he rejected the application for a re-trial.
“I am satisfied that no jury would conclude that there is any doubt that the virus HIV exists,” he said in his judgment.
“I consider no jury would be left in any doubt that HIV is the cause of AIDS or that it is sexually transmissible.”
Justice Sulan said Ms Papadopoulos-Eleopulos, a physicist who works at the Royal Perth Hospital, relied upon opinions of others, which she often took out of context and misinterpreted.
He said claims that HIV testing methods were flawed were unfounded and the virus had been thoroughly studied by international experts.Parenzee’s application for leave to appeal his conviction was the first time that the existence of HIV/AIDS had been tested in an Australian court.
The hearing spanned more than a year with controversy lining much of the witness testimony.
Under earlier cross-examination, Ms Papadopulos-Eleopulos was asked by the prosecution if she would have unprotected vaginal sex with a HIV-positive man.
“Any time,” she replied.
In other testimony, Ms Papadopulos-Eleopulos declared that Africa did not have an AIDS epidemic because HIV did not exist and efforts to curb the spread of the virus were merely political stunts.
To counter the claims, the prosecution called eight HIV experts including AIDS research pioneer Professor Robert Gallo.
Prof Gallo, who was one of the scientists who discovered AIDS in the early 1980s and linked HIV as the cause of the disease, testified via video-link from his home in Bethesda, Massachusetts.
He told the court the Perth Group members was misguided, inappropriate and delusional.
Parenzee was remanded in custody to be sentenced at a later date.
The bottom line is that the Perth Group pair made such a poor impression with their claim the virus didn’t exist that the Judge dismissed their authority and, unfortunately, any other arguments levelled against the HIV∫AIDS meme which no doubt took root in his brain many years ago.
It is unfortunate for Parenzee that his home is Australia. The defenders and promoters of HIV∫AIDS must have been delighted when they heard that the only defense witnesses appearing from the critics’ camp to undermine their cause were the two key figures of the nearby Perth Group.
They must have seen that as soon as the Perth pair started attacking the existence of the virus, the otherwise totally unpersuasive paradigm which is now an ideological given of government policy, charity, and culture around the world would get a free pass.
A better idea
Defense counsel Kevin Borick would have done better to arrange a video transmission from Berkeley to match the one from Bethesda, where Gallo testified by satellite. The judge valued hands on science as a qualification, and Duesberg is a classic lab retrovirologist.
For new arrivals to this disputed realm, we refer to the distinguished Berkeley scientist Peter Duesberg, who but for his personal integrity would now have a Nobel in hand for his priority in cancer research, and whose repeated demonstrations in peer reviewed journals that the claims of HIV∫AIDS scientists do not accord with the scientific literature of the field, including the studies which the leading scientists themselves carry out, are a lot harder to dismiss than the Perth Group’s claim that HIV does not exist despite its genetic cloning and different strains.
But perhaps Judge Sulan would dismiss Duesberg, and his repeated demonstrations in peer reviewed journals that the claims of HIV∫AIDS scientists do not accord with the scientific literature of the field, as insufficiently hands on as far as HIV is concerned.
So much for science critics
After all, he appears to have no respect whatsoever for independent examination of the scientific literature by attentive outsiders. This is how he dismisses Valendar Turner’s knowledge, despite his publications in peer reviewed journals:
His opinions are based on reading scientific literature, studying of scientific literature, and spending a considerable amount of time thinking.
That a Supreme Court judge can be so naive, and condemn the very process he lives by, is an embarrassment to the judiciary of Down Under, not to mention the entire nation.
Silver lining to Perth defeat
While the Judge’s contempt is a poor reward for their efforts to save humanity from despair over HIV, and we are sorry for them personally, a Perth retreat from the courts may be a good thing for the more conventional cause of correcting the science of HIV∫AIDS.
There has always been a danger that the Perth Group’s anachronistic and increasingly foolish claim that HIV does not exist would distract from the contradictions of the paradigm based on current scientific literature and label all dissidents as crackpot. Now it has happened.
The judge appears to have decided early that the Perth claim was unfounded and out of date (which it is now that genetic cloning and sequencing of HIV is a commonplace around the world) and that the credentials of the Perth pair were fatally flawed by their lack of hands on experience in the field.
I have found that Ms Papadopulos-Eleopulos and Dr Turner are not experts in the subject matter upon which they have given evidence. I have concluded that the witnesses called by the DPP are experts.
206 Because the witnesses called by the applicant are not expert, the opinion evidence which they gave is not admissible. I have noted above that the evidence given on whether HIV has been proved to exist, whether HIV is sexually transmissible, and whether it causes AIDS is opinion evidence. The finding that the witnesses for the applicant are not experts, and thus are not qualified to give expert opinion evidence, is, in my view, a sufficient basis upon which to refuse the application for permission to appeal.
So he decided there was nothing in the rest of their claims, since Bob Gallo was so much more prominent in the science, famous and persuasive, and therefore reliable. The judge fawned on Gallo and the other mainstream authorities produced by the prosecution, as his comments on Gallo show:
When he gave his evidence he was forthright. At times, he was impatient with propositions that were being put to him. Mr Borick QC is critical of the manner in which Professor Gallo gave his evidence. He submits that Professor Gallo was not entirely frank and that his aggressive attitude towards the questioner was due to the fact that his opinions lacked credibility.
197 I reject that submission. I consider that Professor Gallo was a frank, forthright witness. Professor Gallo has been recognised throughout the world for his work. He is a pre-eminent expert in the field of virus identification and treatment. I accept his evidence and his opinions. I accept his evidence that the debate about HIV, whether it causes AIDS and whether it is sexually transmissible by heterosexual vaginal sexual intercourse, is a debate that was completed by the mid-1980s. I accept his evidence that the witnesses called by the applicant have misused material in support of their argument that HIV has not been proved to exist.
Here come de judge
All this can be seen recorded in detail in his lengthy and illuminating 82 page judgement, the Reasons for Decision of The Honourable Justice Sulan now available to the world for study. Reading through it we have to say it seems unlikely that the Perth Group will survive this lengthy public demolition of their reputation by an inattentive judge prejudiced in favor of power.
In one way this is a pity since they have done good work on the fundamental reasons why AIDS patients should suffer immune decline in the absence of any ascertainable influence from HIV. But their distracting claim that HIV has not been effectively isolated is a stale red herring whose odor attaches itself to all critics of the hypothesis that HIV causes AIDS, a claim which is genuinely unproven and contradicted by the scientific literature.
Peter Duesberg and other thoughtful scientists who can see that the paradigm is unjustified do not need to be associated with unprofessional quarrels with premises they do not challenge. It was always a danger that the Perth Group would break into the headlines and put paid to any chance that the valid scientific objections to the paradigm would be taken seriously by those outside the field.
Not to mention that Duesberg himself powerfully, cogently and conclusively dismissed the Perth Group’s reasoning ten years ago (see Virusmyth’s The Missing Virus section) on the existential issue, even as he respected their many contributions on other fronts, including the real nature of African AIDS, inaccuracies of HIV testing, and misconceptions about hemophilia and AIDS. In fact, he gave them the first two chapters of the scholarly volume that he edited, AIDS: Virus or Drug Induced, in 1996, for their invited expert reviews of HIV∫AIDS research distortions.
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SPECIAL NOTE: The Perth Group deserves respect, in the opinion of the editorial staff of NAR, and the strictures of Judge Sulan are ignorant calumny. The Perth Group’s identification of oxidative stress as one key mechanism in the kind of immune deficiency now labeled HIV∫AIDS is notable as one of the earliest contributions made (published in 1988, after more than five years research) to a correct diagnosis of AIDS and its underlying mechanism, a solution derailed in 1984 by the unfounded and still undemonstrated claim of Gallo that HIV was the culprit. Their analysis pointing out that oxidative stress caused by drugs, malnutrition and multiple infections can harm sensitive T cells is justified by much mainstream literature since, and has been endorsed by Luc Montagnier in his book “Virus”.It should also be pointed out that their critique of Montagnier’s original experiments detecting the presence of HIV in the blood of AIDS patients (they said that he had failed to purify the virus) was endorsed in the Adelaide court room by none other than the satellite image of Bob Gallo himself, perhaps glad to draw attention away from his own lab sins which are legion (he is famous for making a fool of himself with contaminations of cultures). and Montagnier has conceded it. But this basis for challenging the very existence of the Virus grew out of date as labs all over the world cultured the Virus, duplicated its sequencing, and even distinguished between strains of the 9 kilobase wisp of RNA even as they failed to show its harmful effects.
The Perth Group would have been better off defending their analysis of the mechanism of immune deficiency against Gallo’s groundless challenge by pointing out, for example, that not only was finding HIV in 36%of AIDS patients, and antibodies to it in 88%, screamingly unconvincing, but the presence of cytomegalovirus, Epstein Barr virus and herpes virus in approaching 100% of patient blood samples indicated a theoretical bias on the part of Gallo that science cannot explain. All this is well exposed in Robert Root-Bernstein’s Rethinking AIDS, Chapter four.
Indeed the Group made very sharp points along these lines in the first paper, A Critical Analysis of the HIV-T4-cell-AIDS Hypothesis, they contributed to the Duesberg’s collection, AIDS: Virus or Drug Induced (1996). For example, they point out the little appreciated fact that Gallo’s original T cell culture of HIV was in a leukemia cell line, HT, which already happened to have the property of forming occasional giant cells with fused nuclei. This Gallo then interpreted as a cytopathic effect of HIV, his only evidence of supposed HIV cell killing in the one Science paper of his 1984 broadside to supposedly prove that HIV could kill cells.. “The virus positive cultures consistently showed a high proportion of round giant cells containing numerous nuclei (syncytia)”. But the syncytia was already happening before the presence of the harmless Deadly Virus.
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Now the loss of credibility due to arguing the Virus doesn’t exist has happened as feared in a court of law in Australia and sent an unfortunate man innocent of causing harm back to jail, because it meant that the very obvious proven fact in the literature (pace Nancy Padian, who now denies what she demonstrated) that HIV is effectively not transmissible in sex between heterosexuals could not be established in the Judge’s now closed mind.
But Kevin Borick, his lawyer who made the error of placing his bets on the Perth argument, says he will appeal anyway on other grounds, according to reports. And if this decision now fences off the Perth Group spoiler effect, it is all to the good.
Misdirected insults
However, let’s not agree with the court in rejecting their case on the grounds that they are outsiders to the field of HIV∫AIDS without practical experience of the virus. This is naive if not absurd. Judge Sulan has no idea it seems of how often outsiders come up with advances in a field, especially on a theoretical level. His jeers at Papadopulos-Eleopulos along these lines are silly:
Ms Papadopulos-Eleopulos has no practical experience. She has never worked with patients who are said to be infected with HIV, or with any virus. She has never treated or diagnosed patients who have viruses. She has never worked in laboratories or conducted research. She has no practical experience.
133 She has given evidence on the topics of virology, immunology, epidemiology, microbiology and microscopy. She has no practical experience and she has never worked in any of the areas.
134 Although Ms Papadopulos-Eleopulos demonstrated a superficial understanding of a number of the areas, I consider that her knowledge is limited to her reading. She has what one might describe as a textbook understanding of the science of viruses, but she has no depth of knowledge or understanding and she simply relies upon written material. She did not demonstrate any understanding or knowledge similar to that demonstrated by the witnesses called by the DPP.
135 I conclude that she does not have expertise in the various disciplines in which expertise is required. In my opinion, she is not qualified to express opinions about the existence of HIV, or whether it has been established that it causes AIDS. Nor has she expertise to express opinions about whether the virus is transmissible. Nor is she qualified to express opinions about the tests that have been developed to diagnose the virus.
136 Even if I were to conclude that Ms Papadopulos-Eleopulos had some expertise to express opinions about the methodology for determining whether HIV exists, I consider her opinions to be so out of line with the prevailing opinions and the prevailing evidence which supports the existence of the virus, that no jury could rely upon her opinions. In my view, no weight could be given to her evidence. That is a relevant factor in considering whether permission to appeal should be granted.
137 Ms Papadopulos-Eleopulos lacks independence. She is an advocate for a cause. She chooses to rely upon opinions of others which she often takes out of context and misinterprets. She lacks objectivity. If faced with evidence which does not support her views, she simply refuses to acknowledge it, or dismisses it without any basis for so doing. Examples of her refusal to acknowledge evidence which does not support her views include her response to the epidemiological evidence which she says is not proof and which she dismisses as unreliable.[81]
Of course, he had the good lady in front of him, so for all we know she does give a poor impression in public. She certainly fails to speak very good English, according to the transcript, although Gallo’s grammatical structures are not much better. We suspect that if Judge Sulan had been able to see Gallo in person rather than on video he might have got a different impression, also.
Here is what he thought about Turner:
Dr Turner’s 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.
143 His opinions are based on reading scientific literature, studying of scientific literature, and spending a considerable amount of time thinking.
144 I conclude that Dr Turner is not qualified to advance expert opinion about virus isolation, antibody tests, viral load tests, or sexual transmission of the virus. His knowledge of these subjects is limited to having read a number of publications. He relies entirely on his interpretation of various studies in the specialised disciplines of virology, epidemiology, microbiology, immunology, pathology or infectious diseases, in none of which he has qualifications beyond his medical degree. He has no practical experience, and has performed no research which has been published.
This is an extraordinarily clear statement that no one but insiders are qualified to read and understand the literature of a field. The Gallo-Fauci-Moore defense team must be chortling.
How rebels are handicapped
In this way, the task of critics who detect a flaw in conventional wisdom is made difficult. The first accusation is that they don’t know what they are talking about, because they don’t have the inside knowledge needed to make a good decision. If for example you disagree with George W. Bush’s upcoming decision to drop bombs on Iran, the first counter is, you are not in possession of secret information about how close they are to making a nuclear weapon.
Then it is also a fairly clear principle in cases where independent scholars and critics tilt at mainstream shibboleths that the critics are likely to be eccentrics in personality and behavior, and the defenders at the top of the establishment much more acceptable in their smooth conformity to the conventions of dressa and behavior, since that is partly how they got to the top of the pyramid and stay there. The critics, meanwhile often have all the earmarks of the crackpot, or at least can easily be painted as such.
That is why we thank Destiny for the existence of John P. Moore, one of the greatest assets of the movement to reexamine HIV∫AIDS science in his non conformist behavior in speech and writing, and in the inaccurate and ad hominem style of his website AIDSTruth.org
Unlike Anthony Fauci of NIAID, he is neither stylish in dress nor smooth in behavior. He and Robert Gallo, the ebullient roguish initiator of this gigantic mess, have in common the tendency to let loose verbally or in print and on line (in the case of Moore) if they get a chance.
Quick way to tell who’s right on HIV∫AIDS
For a change, we have colorful individuals on both sides of this debate, and that is as it should be. For after all, these are disputes about scientific theory and interpretation, and the quality of the ideas that are expressed are highly dependent on the qualities of the man or woman expressing them.
In fact, we have often thought it is not really necessary for any outsider who comes upon this debate to read very far into it to know who is almost certain to be right.
All one has to do is line up Robert Gallo, Anthony Fauci, Mark Wainberg and John Moore and compare them with Peter Duesberg, Harvey Bialy, Celia Farber and Rebecca Culshaw.
It would be pretty clear even to a distinguished but mentally myopic, meme ridden, power worshipping Australian Supreme Court judge who are the salesmen heavily invested in the paradigm, and who are the independent minded, public spirited, self sacrificial critics.
Addition: While we were posting this a very fine Comment by the inimitable MacDonald has been attached to the previous post, but is highly relevant here for its deft exposure of the Judge’s bias against the Perth Group as revealed in his Reasons for Decision, in which his Reasons for Bias against the Perth Group are in fact, as MacDonald aptly points out, much better as Reasons to Reject the Testimony of Robert Gallo, to whom they apply in spades. (Later moved to Comments under this post. - Ed.)



