Thai Wife Convicted Of Infecting Canadian Husband With H I V

[sriracha john]

The now-divorced Suwalee Iamkhong and Percy Whiteman during happier times.

Photo by The Daily Telegraph

[sriracha john]

Given HIV by his estranged wife, Percy Whiteman — seen at Osgoode Hall March 24, 2009 — lists federal government among defendants in his civil suit, arguing it should have imposed mandatory testing of immigrants much sooner.

Toronto Star

Man blames Ottawa in HIV case

Victim infected by wife files suit which hinges on lack of immigrant screening for virus

A Toronto man who was infected with HIV by his estranged wife, a former stripper, says he also blames the federal government for ruining his life.

Percy Whiteman contends he never would have been infected with the AIDS-causing virus if the government had begun mandatory HIV testing of immigrants sooner than 2001, given what was known years earlier about the disease.

He was infected after marrying Suwalee Iamkhong, a former dancer at the Zanzibar club on Yonge St., in 1997.

"She's done what she's done and I have to live with it," Whiteman, 33, said yesterday. "Nothing can bring back my life the way it was before."

While Whiteman and his lawyer, Sal Grillo, were discussing his $33 million civil lawsuit against the government and other parties with reporters yesterday on the steps of Osgoode Hall, a three-judge panel of the Ontario Court of Appeal was inside hearing Iamkhong's criminal appeal.

She was convicted of aggravated assault and criminal negligence causing bodily harm in 2007 and sentenced to two years in prison.

Iamkhong, now facing deportation to her native Thailand, is appealing her conviction and sentence.

Headed by Justice Stephen Goudge, the panel signalled yesterday that her conviction appeal hinges in large part on whether Iamkhong could be believed when she claimed a blood test she underwent after arriving in Canada in 1995 led her to conclude she was HIV negative.

Iamkhong testified two years ago that when her former manager told her the test showed her to be "in the clear," she thought it meant an earlier test she underwent in Hong Kong, indicating she was HIV positive, was wrong.

In fact, the Canadian blood test did not look for HIV.

In convicting Iamkhong, Justice Todd Ducharme cited five reasons for not believing her. Among them was her failure to tell Whiteman about the Canadian test.

As it turns out, Ducharme made a mistake and the evidence shows Iamkhong did discuss the test with her husband, Crown counsel David Lepofsky conceded yesterday.

That left the appeal panel wrestling with the issue whether Ducharme's reasoning was "contaminated" by his error and whether Iamkhong's conviction should be set aside because it was not based entirely on evidence at the trial.

Lepofsky argued there were other reasons for not believing Iamkhong, and her failure to tell Whiteman about her positive test result in Hong Kong was enough to make her criminally liable.

But Philip Campbell, Iamkhong's lawyer, said there are reasons for believing his client was telling the truth.

"Why would she go nine years without HIV treatment if she actually, objectively, believed she was HIV positive?" Campbell asked. Iamkhong learned in 2004 she has AIDS.

Her sentence appeal is unusual, Lepofsky argued, because Iamkhong wants the court to set aside the very sentence she asked for – a short penitentiary term.

But Campbell told the panel the sentence carried immigration consequences nobody considered. Sentences of two years or more deprive offenders such as Iamkhong, a landed immigrant, of the right to appeal a deportation order on humanitarian grounds.

The court reserved its decision.

- Toronto Star (Canada) / 2009-03-25

[FarangCravings]

It's ironic that he "blames society, the system and her" and yet doesnt seem to be prepared to accept any responsibility himself.

The girl was a stripper. One can safely make the further assumption that she sold herself for sex or, at best, had a colourful past.

If I was marrying someone like that, the first thing I would do is demand an HIV test before either marrying her or going in - how to say this politely? - bareback.

But, of course, one can't expect people to be responsible for their own safety. Much easier to blame everyone else.

Straight. "Ooh, I got HIV from a stripper I met in a strip joint. Give me some compensation"

The guy sounds a bit thick.

Ya gotta feel sorry for posters like this. no compassion

[BigSnake]

Sad case very, they both have a life sentence.

[sriracha john]

Suwalee Iamkhong, 39, can now fight deportation order to Thailand.

Former stripper with AIDS wins appeal

By shaving a mere day off her two-year jail sentence for infecting her husband with HIV, the Ontario Court of Appeal has given former stripper Suwalee Iamkhong a chance to fight Ottawa's attempt to send her back to Thailand.

"She's very happy," Elizabeth Long, Iamkhong's lawyer, said after a three-judge panel released its decision yesterday.

Her client, who has advanced AIDS and has served her sentence, is being held on an immigration warrant at Vanier Centre for Women in Milton.

Iamkhong, 39, a former dancer at Toronto's Zanzibar Tavern, was convicted in 2007 of criminal negligence causing bodily harm and aggravated assault by having unprotected sex with her husband, Percy Whiteman, 33.

Because she was sentenced to two years in a federal penitentiary, Iamkhong was considered, under the Immigration and Refugee Protection Act, to have been convicted of "serious criminality" with no right to appeal the deportation order. Had her sentence been a day less she would have that right.

The immigration consequences were not taken into account by the trial judge or Iamkhong's lawyer during her sentencing because both were focused on ensuring she would be imprisoned where she would get appropriate care.

The trial judge would have been entitled to consider those deportation consequences, however, and doing so "would have been an example of the human face of the sentencing process," said Justice Harry LaForme, who wrote the unanimous decision.

"Insofar as the impact of the sentence on the appellant is concerned, this is a serious consideration," he said. "It appears that the future prospects of the appellant can be assisted or improved by imposing a sentence of two years less a day, rather than two years. In such a situation, it is entirely in keeping with the principles and objectives of sentencing to impose the shorter sentence."

Iamkhong maintained she did not know she was HIV-positive. Before coming to Canada in 1995, she was tested in a Hong Kong lab and found to be HIV-positive. After arriving in Toronto, she was tested again and when her manager told her she was "in the clear," she assumed the previous test was wrong.

Iamkhong's lawyers argued that when a trial judge disbelieved her story, he ignored relevant evidence. The court rejected both claims in upholding her conviction yesterday.

- Toronto Star / 2009-06-13

[sriracha john]

Court decision means woman who gave man HIV can appeal deportation order

A former Thai stripper who was jailed for giving her former husband HIV may have found a way to dance around deportation from Canada.

Suwalee Iamkhong, 40, of Toronto, had a bid to reopen her case thrown out last Friday by the Court of Appeal but she did win a reduction of her two-year sentence to two years less a day, allowing her to appeal a deportation order.

The court decision has angered her ex-husband, Percy Whiteman, who has been fighting for years for Iamkhong to be sent packing for giving him the disease.

"I am furious," Whiteman said yesterday. "She has totally ruined my life and yet she wants to walk around free."

The pair were married from 1997 to 2004, when she told him that she had HIV.

Iamkhong arrived in Canada in 1995 and danced at Toronto's Zanzibar Tavern until 2004. Before that, she had worked as a prostitute in Thailand.

She was sentenced in August, 2007 to two years in jail after being convicted of criminal negligence causing bodily harm for infecting Whiteman.

The appeal court said Iamkhong can now fight her deportation order, which was issued because she isn't a citizen and due to the seriousness of the crime.

"One of the avenues by which she could challenge that deportation would be lost by virtue of the length of the sentence imposed," the ruling said. "A sentence of two years less a day after credit for strict bail condition would be equally fit."

Anna Pape, of the Canada Border Services Agency, said Iamkhong will receive a stay of her removal order until an appeal is heard.

"Serious criminality in Canada is considered as two years and over," Pape said.

Meanwhile, Whiteman said he sponsored Iamkhong and under immigration laws is financially responsible for her until 2011. Iamkhong is being detained on an immigration hold. Her Toronto lawyer Elizabeth Lim couldn't be reached for comment.

- Toronto Sun / 2009-06-16

[sriracha john]

EDITORIAL

Concise comments on some current topics

JUSTICE? WHAT JUSTICE?

A former Thai stripper jailed for giving her former husband HIV will not be deported after all, the Toronto Sun reported this week.

Suwalee Iamkhong, 40, of Toronto, was convicted of criminal negligence causing bodily harm for infecting Percy Whiteman.

But a court has now reduced her sentence from two years to two years less a day, and those with criminal sentences under two years are eligible to appeal deportation orders.

- The Montreal Gazette / 20 minutes ago

[Ta22]

I am sorry to read such story ,

but all i can say is ..

if you really love your wife ..

even if she give you aids , and you already had 8 good years together ,

you ahd choose to frosaken her when she nee dyou the most ..

how selfish one can be .

--

if this happen to me , i would still love my wife and care for her and would never resulted in such silly law suit ..

cos the end result just give suffering to all ..

[Jiu-Jitsu]

I am sorry to read such story ,

but all i can say is ..

if you really love your wife ..

even if she give you aids , and you already had 8 good years together ,

you ahd choose to frosaken her when she nee dyou the most ..

how selfish one can be .

--

if this happen to me , i would still love my wife and care for her and would never resulted in such silly law suit ..

cos the end result just give suffering to all ..

Have to disagree wholeheartedly. She knew that she had HIV, so knowingly infected him. Where is the love?

[Dakhar]

you ahd choose to frosaken her when she nee dyou the most ..

how selfish one can be .

if this happen to me , i would still love my wife and care for her and would never resulted in such silly law suit ..

cos the end result just give suffering to all ..

Wow.... now that is something I just can't even begin to wrap my head around. Sounds like Thailand is a great place for Mr. Uconditional lover boy.

[JimsKnight]

There's a 7 year age gap between then couple as well, with her being an older woman.

According to the news article they were first married when he was a young dude of 24 and she was 30!!

So much for the stereotype of an older sugar daddy and his candy girl!

[wolfmanjack]

you ahd choose to frosaken her when she nee dyou the most ..

how selfish one can be .

if this happen to me , i would still love my wife and care for her and would never resulted in such silly law suit ..

cos the end result just give suffering to all ..

Wow.... now that is something I just can't even begin to wrap my head around. Sounds like Thailand is a great place for Mr. Uconditional lover boy.

I would say she was pretty dam_n selfish for not telling and I would consider that the ultimate betrayal.

[petaling]

There's been an update on this case:

Toronto man who got HIV from former stripper wife wants her deported

By TOM GODFREY, Sun Media, Edmonton Sun, 24th October 2009

A Toronto man who contracted HIV from his former stripper wife is hoping he’s alive to see her get deported to Thailand.

“I am not going to give up my fight,” Percy Whiteman said of his ex, Suwalee Iamkhong. “My life is not a game for anyone to play with.”

Whiteman and his lawyer appeared before a Federal Court of Canada last Thursday in an ongoing battle with immigration officials to get Iamkhong deported due to her criminal record. The case was remanded until Jan. 4.

He has launched a $30-million lawsuit against the Canada Border Services Agency and Zanzibar Strip Club in Toronto in connection with the case.

He claims Iamkhong, 40, a former stripper at the Zanzibar, was allowed into the country with HIV and that led to his life being placed in jeopardy. Lawyers for the government are trying to have the case thrown out.

“I am the one who’s suffering with HIV,” Whiteman said. “My life is on the line and nothing has happened to her.”

The pair were married from 1997 to 2004, when she told him that she had HIV.

Iamkhong arrived in Canada in 1995 and danced at the Zanzibar until 2004. Before that, she had worked as a prostitute in Thailand.

A manager from Zanzibar said today he was not aware of the lawsuit, adding it may have been before his time there.

Iamkhong was sentenced in August, 2007 to two years in jail after being convicted of criminal negligence causing bodily harm for infecting Whiteman.

Iamkhong appealed her sentence and it was reduced to two years less a day, allowing her to appeal the deportation order.

“There are a lot of people advising her on how to use the system,” he said. “She has hurt a lot of people, just look what she has done to me.”

Whiteman’s lawyer Maurice Benzaquen said Iamkhong’s disease should have been detected by immigration officials in medical checks required to come to Canada.

Benzaquen said the Ontario government should also have records of her AIDS tests.

“My client wants his day in court,” he said. “The government is trying to deprive him of his day in court.”

Whiteman sponsored Iamkhong into Canada and under immigration laws is financially responsible for her until 2011.

[wintermute]

This is the model Farang/Thai couple of the year.

[sassienie]

This stripper has nothing to lose by going to prison and everything to gain.

As she has AIDs, her days are numbered anyway and by being a guest of the Canadian Government, she will receive free medication and medical care at the courtesy of the Canadian tax payers.

Once she becomes very ill, the stripper will be transferred to a hospital, where she will received first rate care, even more so probably than her victim or someone on the outside who has limited or no medical insurance.

Smart move on her part.

[ComicBum]

Jet, the world is full of losers. ...... and at least half of them find their way to Thailand

[sokal]

I have to say, the chap does look a rather large chunky gentleman too, from the picture above).

They make a lovely couple.

I want to see a pic of her, they banned the pics ^^^ , i cant even find them on goooooogle

[eggomaniac]

It's ironic that he "blames society, the system and her" and yet doesnt seem to be prepared to accept any responsibility himself.

The girl was a stripper. One can safely make the further assumption that she sold herself for sex or, at best, had a colourful past.

If I was marrying someone like that, the first thing I would do is demand an HIV test before either marrying her or going in - how to say this politely? - bareback.

But, of course, one can't expect people to be responsible for their own safety. Much easier to blame everyone else.

I was thinking along your lines. He had more controls for avoiding infection, and should have had the sense, than the socio economic circumstances which led to her infection. He doesn't want to be stigmatized, but doesn't give a toss about her situation.

who only wants to be identified as P.W. because he fears the stigma of the disease

[eggomaniac]

http://www.timesonline.co.uk/tol/news/worl...ticle399446.ece

This whole issue, fast tracking sex workers to Canada, broke open as a full blown scandal in 2004.

This guy says it still goes on, though in greatly reduced numbers. It makes me wonder how many other dumb Canucks got infected.

http://updates.canadafirst.net/2009/02/tho...corruption.html

My one question for Percy; did he know she was a 'former' Thai prostitute. That would prove she was 'honest'.

[Buchholz]

Former stripper and prostitute, Suwalee Iamkhong, has been quietly deported to her native Thailand

Former Toronto stripper deported

TORONTO - A former stripper and prostitute in this city who was jailed for giving her ex-husband the HIV virus has been quietly deported to her native Thailand where its alleged she's returned to the sex trade. Suwalee Iamkhong, 40, whose condition developed into AIDS, fought deportation from Canada for more than two years after serving more than two years of a three-year prison sentence for infecting former hubby, Percy Whiteman, 34, of Toronto, with HIV.

Iamkhong was the subject of a deportation order because of the criminal record, officials said. Federal Court Judge Marie-Josee Bedard rejected an appeal from Iamkhong, who argued she would only have one or two years left to live if deported to Thailand because of a lack of medication. She was sent back to Thailand on Aug. 9, officials with the Canada Border Services Agency confirmed on Monday.

"I believe that she is still working in the sex trade in Thailand," Whiteman said on Monday. "It is the only job she knows and she has to support her family." Whiteman said there's a risk other men will -- like him -- fall victim to the woman if she's working as a prostitute in Bangkok. "I am actually shocked to hear she was finally deported," he said. "This woman will do anything to get what she wants -- just look at me."

Continues:

http://cnews.canoe.ca/CNEWS/Crime/2010/08/30/15190546.html

CNEWS - August 30, 2010

[Lammbock]

Storys like that make me very very sad.

But is it fair to judge all Thais by news like that???????

Edited August 31, 2010 by Lammbock

[robblok]

Storys like that make me very very sad.

But is it fair to judge all Thais by news like that???????

No its not just as it is not fair to judge all farangs by the stunts some idiots pull.

[Lammbock]

Storys like that make me very very sad.

But is it fair to judge all Thais by news like that???????

No its not just as it is not fair to judge all farangs by the stunts some idiots pull.

Word!

[mca]

If I was marrying someone like that, the first thing I would do is demand an HIV test before either marrying her or going in - how to say this politely? - bareback.

It's worth both parties having a test even of they're not " someone like that " in my humble opinion.

[sarahsbloke]

People many times fall in love with the wrong person.There's strippers out there who are not necessarily bad people.But if this woman knowingly give AIDs to this man,thats murder.I suggest the husband buy his drugs in Thailand.The price is very cheap here.I suggest he has aThai buy them for him,they will be cheaper than if he does it himself.

... if I may point out, it's only murder after he dies, and if he dies before her.

I'm with MCA

Every time I think of moving in with a girl (this included my wife), we both go and have HIV tests, seems only sensible these days. 400bht each.

And finally

This guy was so daft he didn't understand you were supposed to marry a much younger Thai girl, and not one 6 years older!

Edited August 31, 2010 by sarahsbloke

[Buchholz]

Former stripper and prostitute, Suwalee Iamkhong, has been quietly deported to her native Thailand

"I believe that she is still working in the sex trade in Thailand,"

If I was marrying someone like that, the first thing I would do is demand an HIV test before either marrying her or going in - how to say this politely? - bareback.

It's worth both parties having a test even of they're not " someone like that " in my humble opinion.

A whole new group of customers are at risk since her return. Hopefully her next partners will insist on testing.

[Buchholz]

No second chance for deported stripper

TORONTO — A former stripper and prostitute who was deported to Thailand for giving her ex-husband the HIV virus has been denied an opportunity to try to return to Canada. Lawyers for Suwalee Iamkhong, 41, lost a motion last week before the Federal Court of Canada that could have led to her case being reopened. Iamkhong, a former dancer at Zanzibar, was deported to her native Thailand last August after serving more than two years of a three-year prison term for infecting her former hubby, Percy Whiteman of Toronto, with HIV. "I am very pleased that she cannot come back to Canada and infect others," Whiteman said on Tuesday. "She is a criminal and should have been deported a long time ago."

Whiteman, 35, who takes medication for the virus, has founded a group to help men in similar situations. He has launched a $30-million lawsuit against the immigration department, Zanzibar and a doctor who approved her for Canada. Judge Simon Noel said Iamkhong is unemployed, has no assets, requires welfare and only "belatedly" enrolled in an English class in December 2009. "The possibility of rehabilitation in this case was not sufficient to overcome the bar to admissibility in Canada," he said in his March 24 decision.

Court heard from a medical officer in Hong Kong who said AIDS-related medication is freely available in Thailand. Toronto lawyer Aadil Mangolji said Iamkhong is devastated by the decision. Mangolji said all legal avenues for Iamkhong to return to Canada have been exhausted.

Continues:

http://cnews.canoe.ca/CNEWS/Crime/2011/04/05/17886161.html

CNews - April 5, 2011

[Buchholz]

$30M suit against stripper, feds could be dismissed

A motion to dismiss a $30-million lawsuit against federal immigration officials by a Toronto man who was infected with HIV by his stripper ex-wife is slated to be heard on Tuesday. Percy Whiteman, 36, is suing his ex, Suwalee Iamkhong, Immigration Canada, a government doctor and the Zanzibar Tavern, alleging their negligence led to him contracting HIV.

The day-long motion will be heard by a Superior Court judge in Toronto who will quite likely reserve his decision, Whiteman’s lawyer, Mauricio Benzaquen, said on Monday. Whiteman claims Iamkhong, 42, a former go-go dancer and prostitute, was allowed into Canada with HIV and that led to his life being placed in jeopardy.

Iamkhong arrived in Canada in 1995 and worked as a stripper at the Zanzibar on Yonge St. until 2004. The pair were married from 1997 to 2004, when she told him that she had HIV.

Continues:

http://www.torontosun.com/2012/01/30/30m-suit-against-stripper-feds-could-be-dismissed

Toronto Sun - Jan. 30, 2012

[FiscalFizz]

What intrigues me here is that it seems society willingly says "this fat bast**rd got what was comming to him."

But if a woman was to walk around in a tiny mini skirt, flashing her 36Cs around, and then eventually gets raped.... society says "she is a victim."

Kind of a double standard don't you think?

I fail, very hard might I add, to see the correlation between a woman being raped and a man contracting HIV from his stripper, immigrant wife...... I do however understand where you are trying to go with your comment.....

But no... I don't think most people would draw a very strong connection with the story at hand.....and rape.....

Both parties in this story are to blame. The guy and the Thai wife. She should have told him, he should have gotten her tested.

[n00b]

You are right. Murder is much worse than rape.