A District Court judge struck out some 59 charges relating to the sale or supply of prescription-only medicinal products without a licence or necessary authorisation against three defendants yesterday when the Irish Medicines Board (IMB), the prosecutors, failed to appear.
A special day sitting of Tralee District Court had been set aside to deal with the matter.
Paschal Carmody, Ballycuggeran, Killaloe, Co Clare, faced a total of 25 summonses at Bawnboy, Ballyroe, Tralee, Co Kerry, relating to the supply of medicinal products without being granted a wholesaler's licence by the Irish Medicines Board on various dates between December 11th, 2003, and November 3rd, 2004, to shops, a pharmacy, and two doctors.
The charges included supplying or keeping for supply St John's Wort, without a product authorisation granted by the IMB and the sale by wholesale of the prescription-only medicinal product Ephedrine.
Further charges included keeping for supply the prescription-only drug melatonin without authorisation by the IMB and placing on the market or otherwise sold, a prescription-only medicinal product, Ginkgo Biloba without a product authorisation granted by the IMB.
Other charges related to selling a prescription-only product labelled Diet Energiser containing Ephedrine; supplying "Super Oxy Complete" a product containing Cyanocobalamin without authorisation by the IMB; supplying by wholesale the prescription only medicinal product "Maximum Multiple" containing Cyanocobalamin; and for supplying by wholesale Maximum Multiple containing Cyanocobalamin.
The same 25 summonses were brought against Lyntondell Ltd, trading as Daly Nutritionals, Foynes, Co Limerick, and at Bawnboy, Ballyroe, Tralee, and there were nine summonses, seven of which were of a similar nature to those against the other two defendants, brought by the Irish Medicines Board against Seamus Kane, Bawnboy, Ballyroe.
The summonses were brought under a number of Acts including the Medical Preparations (Wholesale Licences) Regulations 1993, the Irish Medicines Board Act 1995 and the Medicinal Products (Licensing and Sale) Regulations 1998.
Solicitor for the defendants John Devane said his clients were contesting the charges.
His client Paschal Carmody had come from Co Clare that morning and was in court early.
A disclosure order made by a previous sitting of the court had not been complied with by the IMB, he told the court.
"I have had no communication by way of telephone, letter or fax to say the Irish Medicines Board were going to be late or were looking for an adjournment," Mr Devane said.
In the case of the charges against all three defendants, Judge James O'Connor remarked: "No appearance by the prosecutor, strike out,"
After the case Mr Devane said the non-appearance by the IMB was "an absolute disgrace".
"We came to fight this case," he said.
In a statement issued yesterday the Irish Medicines Board said neither the board or its legal team were not made aware that the matter was before the court for hearing yesterday.
"It is unfortunate the IMB were not made aware of the date but it respects the finding of the court," the statement said.
Once it had reviewed the terms of the order, the board would make the appropriate decision on its next legal step, it said.
It is understood the board will be seeking to have the charges re-entered, if it can.