Doctor pleads guilty to having unregistered Ivermectin products
NST - January 28, 2022
Nicholas James (clad in white) was charged at the Sessions Court here for having unregistered Ivermectin products which is an offence under Regulation 7(1) (a) of the Control of Drugs and Cosmetic Regulations 1984. - NSTP/ERSIE ANJUMINKOTA KINABALU: A medical practitioner who bought Ivermectin tablets to protect his family members from Covid-19 was charged at the Sessions Court here with having unregistered products.
Nicholas James, 46, pleaded guilty before Judge Elsie Primus today.
He admitted to having 100 strips of Biomec 12 Ivermectin BP 12mg on Aug 23 last year at 12.35noon at a clinic in Api-Api Centre here.
The offence under Regulation 30(1) of the Control of Drugs and Cosmetic Regulations 1984, which is punishable under Section 12(1) of the Sale of Drugs Act 1952, carries a maximum fine of RM25,000 or imprisonment of up to three years or both, upon conviction.
However, due to some development in the facts of the case, the prosecution asked for another mention date. The court then fixed Feb 23 for re-mention.
Earlier, Nicholas claimed that it was a desperate move as he feared that his family members and relatives may contract Covid-19.
"Unfortunately, they (the Ivermectin products) are not registered," he said, adding that the product was meant to be used to protect and treat his family.
He also informed the court that his parents, brother and sister-in-law as well as their family members tested positive one month after the Ivermectin products that he bought had been confiscated.
"My father barely survived, and so did my brother. My mom died.
"I don't blame the pharmacies for doing their work. I blame myself because I was trusted to look after the family but I failed. I'm very sorry," he said, his voice cracked and he paused to take a deep breath.
"I don't think this offence will be repeated because this is unprecedented.
"That is why I asked for leniency from the court. It was never my intention to bring the unregistered products into circulation. It was never meant for the public. It was purely for personal use and my family," he said, adding that he doesn't want to prolong the issue.
In reply, prosecuting officer Ahmad Najib submitted that the product was not approved to be used by the Health Ministry.
"The fact that the exhibit (the Ivermectin product) is not registered with the relevant authority signifies that it was never tested for its ingredients and might contain contamination that is harmful if ingested," he said.
During the proceedings, the judge raised some questions, among others, on whether it is an offence to have the said unregistered product if it is only for personal use.
The judge also advised the unrepresented accused to engage a lawyer if he thinks it would be necessary for him.
It was also revealed in court that the parcel which contained the unregistered product was addressed to Nicholas.
Until now, no Ivermectin product has been approved for registration for human use or for the treatment and prevention of Covid-19 in the country.
https://www.nst.com.my/news/crime-courts/2022/01/767025/doctor-pleads-guilty-having-unregistered-ivermectin-products
