A GP from Co Clare has been fined over €9,000 after pleading guilty to the manufacture and supply of unauthorised medicines, including St John's Wort.
At Killaloe District Court yesterday, Dr Pascal Carmody, Tinarana House, Ogonnelloe, Killaloe, pleaded guilty to 12 charges relating to the manufacture and supply of unauthorised medicines between November 1999, and June 2000.
A company jointly controlled by Dr Carmody and his wife, Dr Frieda Keane Carmody, Heddonvard Ltd, was fined €13,125 after pleading guilty to eight similar charges.
The majority of the charges brought by the Irish Medicines Board (IMB) against Dr Carmody and Heddonvard Ltd related to the supply of unauthorised medicines, with two relating to the unlicensed manufacture of St John's Wort and Ginko Biloba.
Dr Carmody pleaded guilty to the unauthorised supply of dehydroepiandrosterone (DHEA), an anabolic steroid, while he also pleaded guilty to unlicensed wholesale of the stimulant epedrine and peviderm, a cream containing a steroid.
Practising in Killaloe for 27 years, the court was told that over that time, Dr Carmody had treated between 65,000 and 75,000 patients through the east Clare clinic which he operated with his wife.
Acting on behalf of the Carmodys, Mr Brian Murray SC said the case raised very complex legal issues, pointing out that there was a quagmire of legislation in relation to the supply of medical products in Ireland.
Mr Murray said the Carmodys had strong views as to whether the products in question should be authorised for supply in Ireland and they would now be directing their energies into changing aspects of the current regulations governing the area.
Mr Murray said Dr Carmody believed in a combination of treatments to end patients' suffering. "He has provided a level of care that has brought patients from across the world to avail of his treatments."
One of his patients, Prof Noel Mulcahy, yesterday gave evidence supporting Dr Carmody's reputation. A former senator and a retired vice-president of University of Limerick, Prof Mulcahy said: "I am a great admirer of Pascal where he is involved in the relentless pursuit of new treatments and new ideas in the interests of his patients."
Stating that Dr Carmody was innovative and entrepreneurial in style, he said: "Listening to his patients, his treatment has added extra years of life to them and you cannot fail to be impressed. Dr Carmody's east Clare clinic is an institution where people come to be treated rather than be given drugs and told to come back if it doesn't work out."
Mr Murray said that Dr Carmody had pleaded guilty to the offences.
In relation to the peviderm cream, Mr Murray said that Dr Carmody would claim that he was not aware that it contained a steroid and would tell the court that he applied it to his own five-year-old child.
Mr Murray said: "It is worth reflecting that these products are freely available in countries across the world, including a number of EU countries."
He said that Dr Carmody had no previous convictions.
Judge David Reardon said: "While I fully appreciate the public debate in relation to the use of alternative medicines, it is not a function of this court to make a judgment on the various arguments."
He continued: "Here I am concerned with the compliance of the law in this jurisdiction and in my sentencing there must be a level of deterrent and penalty as there was an element of commerciality involved."
He fined Dr Carmody €9,163, while he fined Heddonvard Ltd €13,125. He adjourned the imposition of further fines of €833 and €1,875 respectively until January 19th, 2004, to ensure the guilty parties did not reoffend. Dr Carmody was also ordered to pay €7,000 in witness expenses.
The chief executive of the Irish Medicines Board, Mr Pat O'Mahony, said yesterday: "The outcome of this prosecution and others undertaken recently should serve to heighten awareness for all those involved in the healthcare industry of their legal obligations under medicines legislation, and to reaffirm the IMB's commitment to enforcing legislation in this area."
