Thread: Ex-stripper with AIDS denied release

Former stripper with AIDS wins appeal
Tracey Tyler
Jun 13, 2009


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

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.
thestar.com

It comes down to what would be considered reasonable by a normal person.
Given that she had two conflicting reports re the results of the HIV test, it would be reasonable to assume a normal person would take another test to find the true result and of course protect her husband from a deadly disease. She did not do this and therefore is at least neglegent in endangering her husbands health and safety. Being an "unsophisticated person" is no excuse for making an unreasonable descision. Wheather she purposefully infected her husband or not is an entirely different matter that doesnt seem to have much substance here on the basis of the article. But certainly it seems he was infected through her neglicence. He could have got it elsewhere, but I am sure the court has been through all that,--- we just have to accept that she infected him through her neglicance.

Her deportation based on the term of sentencing seems a bit bizarre. One day this way you stay or one day that way yo go. I cant understand how she would be allowed into the country in the first place with a posative HIV test? Australia certainly insists on extensive health certification before allowing redicency to foreigners and I seriously doubt Canada would be much different.

I cant understand how she would be allowed into the country in the first place with a posative HIV test? Australia certainly insists on extensive health certification before allowing redicency to foreigners and I seriously doubt Canada would be much different.

If the applicant is found to be HIV positive, a decision on whether the applicant meets the health requirement will be made on the same grounds as any other pre-existing medical condition. The main factor to be taken into account is the cost of the condition to the Australian community of health care and community services. Standard pre and post-test counselling must be provided by the doctor who examined the applicant.

Australian Immigration Fact Sheet 22. The Health Requirement

Sounds politically correct. But fact is that a HIV posative person would have buckleys chance of immigrating.

. The Immigration Department has said that it has allowed 64 migrants with HIV to stay, “mainly partners; husbands or wives or same-sex partners of Australian citizens".

Aidsmap | Australia: HIV transmission prosecutions and migrants controversy set stage for IAS conference

Originally Posted by Mid

. The Immigration Department has said that it has allowed 64 migrants with HIV to stay, “mainly partners; husbands or wives or same-sex partners of Australian citizens".

Aidsmap | Australia: HIV transmission prosecutions and migrants controversy set stage for IAS conference

Well I guess I will have to eat humble pie there Mid.
At least I have a better idea of where my medicare contributions are going now.

At least I have a better idea of where my medicare contributions are going now.

that's doubtful also , I suspect they where able to satisfy the department that they would not be a drain on public health .

Stripper fights $30M suit
TOM GODFREY, TORONTO SUN
30th December 2009

Husband suing ex-wife, government and agencies for contracting HIV from Thai woman

Lawyers for an HIV-infected Thai stripper are going to court Monday in a bid to get dismissed a $30-million lawsuit filed by her ex-husband.

Percy Whiteman, 34, of Toronto, is suing his ex, Suwalee Iamkhong, the Canada Border Services Agency, Immigration Canada and the Zanzibar Tavern, alleging their negligence led to him contracting HIV.

Whiteman claims Iamkhong, 40, a former go-go dancer and prostitute in Hong Kong, 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 Tavern on Yonge St. until 2004. The pair were married from 1997 to 2004, when she told him that she had HIV.

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

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

FAILED TO CONDUCT TEST

"The government failed to conduct an HIV test," Whiteman's lawyer, Maurice Benzaquen, said yesterday.

"Percy is suffering from this illness because the government failed to protect him."

The tests are now mandatory for immigrants over the age of 15.

It will cost Whiteman a fortune in medical bills to control his illness, he said.

"If he is successful in this action, he will have some money to help himself," Benzaquen said. "It costs thousands of dollars a month for medical cocktails."

The case now being heard in court is the first involving a lawsuit against federal immigration authorities over a lack of HIV tests, he said.

"I am trying to secure my future," Whiteman said. "I will have to look after my medical needs."

Whiteman said he's not going to rest until Iamkhong is deported.

"I can't wait until she's deported because of what she has done to me," he said. "I want to see justice done."

Iamkhong is being detained on an immigration hold. Her Toronto lawyer couldn't be reached for comment yesterday.

torontosun.com

ridiculous story.


Why didn't this guy use condoms, until he could trust his partner enough to go to the hospital and do the test, like anybody else ?

Originally Posted by Lily

Originally Posted by hillbilly

Whiteman is also suing the federal government for allowing her into the country in 1995.

Now let me get this straight:

He poked a hooker and got AIDS.
Then he married her cause she gave a great BJ.
Not knowing "After leaving the rice fields of her village, she landed in Bangkok, where at 15, she found herself pregnant and then deserted by her common-law husband."
But knowing she's a Hooker.
And now he wants $30 million for HIS mistake from us Taxpayers.


I think this comment summs it up good:
There is an old saying ‘You live by the sword, you die by the sword’ and the same can be said for Taiwanese strippers. I feel sorry for Percy, not because he contracted AIDS, but because he is a plain old dumbass.
I spent exactly 5 minutes on the Center for Disease Control website and found information about Taiwan’s AIDS infection rate which confirmed what anyone with common sense would have known all along, that strippers have crotch rot. Of all the countries in the world who report their AIDS rate findings, Taiwan comprised 29% of new infections whereas the US comprised 5.9%.
Moral of the story is, if you go to Tailand and bang a stripper without a full Hazmat Suit, then frankly if you get leprosy of the balls you had it coming.
Too Broke To Laugh IQ and Death Rate Linked

Originally Posted by HermantheGerman

I think this comment summs it up good:

Taiwan comprised 29% of new infections whereas the US comprised 5.9%.
Moral of the story is, if you go to Tailand and bang a stripper without a full Hazmat

Yeah, the dickhead that wrote it has no idea that Taiwan & Thailand are 2 different places.

Originally Posted by TizMe

Originally Posted by HermantheGerman

I think this comment summs it up good:

Taiwan comprised 29% of new infections whereas the US comprised 5.9%.
Moral of the story is, if you go to Tailand and bang a stripper without a full Hazmat

Yeah, the dickhead that wrote it has no idea that Taiwan & Thailand are 2 different places.

Wrong!
If you go to Taiwan and bang a stripper without a full Hazmat you're only a DICK.
If you bang a Thai stripper who has worked in Taiwan before you deserve the title DICK-HEAD.

Or maybe I'll rephrase it for you:

There is an old saying ‘You live by the sword, you die by the sword’ and the same can be said for Asian strippers. I feel sorry for Percy, not because he contracted AIDS, but because he is a plain old dumbass.
Moral of the story is, if you and bang a Asian stripper without a full Hazmat Suit, then frankly if you get leprosy of the balls you had it coming.

Stripper's lawyers want hubby's case tossed
SAM PAZZANO, COURTS BUREAU
5th January 2010

Lawyers for an HIV-infected Thai stripper, the city, the province, and the federal government implored a judge to dismiss a $33-million lawsuit filed by her estranged husband.

Percy Whiteman, 34, of Toronto, is suing his wife Suwalee "Ricky" Iamkhong, Immigration Canada, the other levels of government and the Zanzibar Tavern, alleging their negligence led to him contracting HIV.

But lawyers for all the defendants say there's no reasonable cause of action. The defendants' lawyers argued their clients don't owe a duty to Whiteman to ensure the Thai-born stripper -- who emigrated here from Hong Kong where she worked as a go-go dancer and prostitute -- was clean of diseases, including AIDS.

"Mr. Whiteman is hoping to throw something against the wall and hoping something will stick," lawyer Jeremy Glick, representing Ontario, told Justice Michael Code.

"Ontario did not owe Mr. Whiteman a private duty of care to protect him from contracting HIV from his wife or anyone else," stated Glick in his factum.

"This is a fishing expedition. This claim cannot succeed and should be struck," Glick told the Superior Court.

The judge has reserved judgment on throwing out the lawsuit.

Whiteman, a former bouncer at the Zanzibar, claims Iamkhong, 40, was allowed into Canada with HIV. They've been separated for five years but he has not divorced her yet.

Iamkhong arrived in Canada in 1995 from Hong Kong, where she had worked as an exotic dancer and had sex with clients. Two weeks before she left Hong Kong, she tested positive for HIV. She worked as a stripper at the Zanzibar Tavern on Yonge St. until 2004.

Whiteman's lawsuit alleges the Zanzibar is vicariously liable for the stripper's actions since it "knew that Iamkhong had previously tested positive for HIV on two occasions and it advised her to ignore the results as 'false positives'."

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

She was ill, brought to hospital in February 2004 and was diagnosed as HIV positive. She revealed the devastating news to Whiteman, who discovered he, too, was HIV positive.

Iamkhong was sentenced in August 2007 to three years in jail after being convicted of criminal negligence causing bodily harm for infecting Whiteman. She appealed her sentence last year and it was reduced to two years less a day, allowing her to appeal a deportation order. The allegations in the lawsuit haven't been proven in court.

Whiteman's lawyer Maurice Benzaquen argued the government failed to conduct an HIV test and didn't protect his client. The tests are now mandatory for immigrants over the age of 15.

Whiteman sponsored Iamkhong to immigrate to Canada in 2001. His lawyer argued Whiteman never would have done so if he had known about her HIV condition.

Whiteman also wants Immigration Canada to void a 10-year sponsorship agreement -- making him responsible for her essential needs until next year -- despite the fact that she was convicted of criminal negligence against him.

torontosun.com

Former Toronto stripper deported
TOM GODFREY
August 30, 2010


Former stripper and prostitute, Suwalee Iamkhong, has been quietly deported to her native Thailand.
(DAVE THOMAS/QMI Agency Files)

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."

As her Canadian sponsor, Whiteman was financially responsible for Iamkhong.

She arrived in Canada in 1995 and danced at Toronto's Zanzibar Tavern for most of her career, which lasted until 2004.

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

Whiteman married Iamkhong in 1997 and told court that he didn't know she was infected with the virus until he fell ill in 2004.

Whiteman's lawyer Sandra Zisckind said a $30-million lawsuit against the federal immigration department, Iamkhong, the Zanzibar and a doctor who approved her for Canada will proceed.

They are being sued for allegedly allowing Iamkhong into Canada without proper background and medical checks.

"We know that she was deported back to her last address in Thailand," Zisckind said on Monday. "We hope this will bring some closure for my client."

The lawsuit continues on Oct. 19 at the Ontario Superior Court of Justice, she said.

Whiteman has since founded Positive Survivors Living with HIV/AIDS to help men in similar situations.

cnews.canoe.ca

Originally Posted by Mid

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." As her Canadian sponsor, Whiteman was financially responsible for Iamkhong. She arrived in Canada in 1995 and danced at Toronto's Zanzibar Tavern for most of her career, which lasted until 2004. She was sentenced in August 2007 to three years in jail after being convicted of criminal negligence causing bodily harm for infecting Whiteman with HIV. Whiteman married Iamkhong in 1997 and told court that he didn't know she was infected with the virus until he fell ill in 2004. Whiteman's lawyer Sandra Zisckind said a $30-million lawsuit against the federal immigration department, Iamkhong, the Zanzibar and a doctor who approved her for Canada will proceed. They are being sued for allegedly allowing Iamkhong into Canada without proper background and medical checks. "We know that she was deported back to her last address in Thailand," Zisckind said on Monday. "We hope this will bring some closure for my client." The lawsuit continues on Oct. 19 at the Ontario Superior Court of Justice, she said. Whiteman has since founded Positive Survivors Living with HIV/AIDS to help men in similar situations. cnews.canoe.ca Mid is offline Add to Mid's Reputation Report Post Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!

Look at the picture.



Jesus, full blown aids and coming home to work.

I know a Thai lady, formerly a hooker in Thailand who married an Aussie bloke and became an Australian citizen. She broke up with the hubby and went back to her trade in Australia, sometimes not using protection.

As she got older she went legit with normal employment as a cleaner or other unskilled jobs. But her old slut ways were hard to shrug off. She went through a string of defactos up and down the East coast towns of Oz over the next several years. Her MO was to size up a potential provider at the pub, fcuk his brains out and then move in with him ASAP, so ensuring free accommodation and other associated benefits from the love-smitten defacto. But those various relationships didnt last long as she liked to hit the pubs and fcuk around with other blokes. Probably because she was always on the look out for her next benefactor.

She hit our town and settled right in with a divorced bloke using her tried and proven MO. I got to know her reasonably well over the two years she was here through the local Thai network my wife was involved in.

She opened up with me a bit as I suppose I was not a potential victim, though she gave out the vibes that she was available if I was interested.

I learned of her tragic life and poverty while growing up in Thailand. I learned how she bribed the police to get a clean criminal record to immigrate (assault convictions only).

I learned, (through my Thai wife), that even though she had ad a promiscuous lifestyle having unprotected sex with many partners, she had decided not to get tested for AIDS. Reason being that she just didnt want to know. And, I suspect an adverse report would have impacted on her chosen lifestyle.

Last I heard she settled down with some bloke in another town and has a kid and a mortgage. She would be well over 40 by now. I wish her luck, because even though she was a slut and a schemer, she was a hard worker and had a tragic early life which I wont go into here. She took the route in life that provided the easiest escape from poverty and a harsh beginning in life. I am sure she never thought about the emotional devastation she left in her wake using men. Probably justified it by thinking they were actually using her. And I am sure she never thought about the hurt and pain she caused, just as she never wanted to think about the possability she might have contracted HIV, and may have passed it on to her partners.

Given the choice, I think most people who are living a day to day existence would rather not know. I dont agree that mindset is right, but I do understand it.

I dont think if the pro came back to Thailand they would even check if she was HIV positive or full blown. They just are so happy when Thai's come back.

Unless you look like you are dying I dont think it would ring alarm bells here.

Thats it.