Former GP in court over medicines sale

Former Co Clare GP Paschal Carmody appeared at a special sitting of Tralee District Court yesterday on summonses relating to …

Former Co Clare GP Paschal Carmody appeared at a special sitting of Tralee District Court yesterday on summonses relating to the sale and supply of prescription-only medicines without a licence and without the necessary authorisation.

The summonses were brought by the Irish Medicines Board.

The company, Lyntondell Ltd, trading as Daly Nutritionals, Foynes, Co Limerick, and Bawnboy, Ballyroe, Tralee, Co Kerry, pleaded guilty to five summonses.

An employee of Lyntondell Ltd, Séamus Kane, Tralee, pleaded guilty to three summonses.

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A number of summonses were withdrawn by the IMB yesterday, including 10 summonses against Mr Carmody, Ballycuggeran, Killaloe, Co Clare.

Mr Carmody contested the remaining 16 summonses.

The three cases were "inextricably linked" the court heard.

David Sutton, prosecuting, said Mr Carmody was secretary of the company and one of two directors of Lyntondell Ltd, the second of whom was outside the jurisdiction.

Lyntondell was "under the control, management and operation" of Mr Carmody, Mr Sutton said.

This was a healthcare company, directors had a duty to ensure compliance with regulations, he argued.

The summonses related to various dates between December 1st, 2003 and November 3rd, 2004, when the unlicensed medicines were supplied to a number of clients, including shops, a pharmacy and two doctors.

The purchasers had acted in good faith and no blame was being laid at their doorsteps, Mr Sutton said.

On November 3rd, 2004, IMB officers accompanied by gardaí carried out an early morning search of premises used by Lyntondell Ltd.

These included the home of Mr Kane at Bawnboy, for which they had a warrant, a nearby lock-up and the Premier Health Centre shop at the Tralee shopping centre.

In the lock-up they found stacked boxes and pallets of prescription-only medicines.

Among the products seized were St John's Wort containing Hypericum Perforatum, Ultra Diet Energiser containing Ephedrine, Melatonin which was used to aid sleep and jet-lag and Ginkgo Biloba, used for blood flow and to increase memory.

Hugo Bonnar of the IMB told the court: "You cannot distribute medicinal products of any kind without a wholesale licence. Authorisation had not been granted by the IMB in relation to these products."

Judge James O'Connor will rule on the matter today.