De-registered pharmacist's actions were 'galactically bad', court told

Arief Katamat was accused of professional misconduct. Photo / Sarah Ivey

A pharmacist blamed everyone else but himself when thousands of pills, which were capable of being made into illegal drugs, went missing from his three shops, a court has heard.

Arief Katamat was found by the Health Practitioners Disciplinary Tribunal to have ordered more than 26,000 pills of Sudomyl - a precursor of methamphetamine. A further 25,000 pills of codeine phosphate were not accounted for. That drug is used to make heroin homebake.

Katamat was also found to have sold prescription medicine, including viagra, to people without prescriptions.

The Tribunal censured Katamat, de-registered him and ordered him to pay $78,428 in costs.

As well as having to sell his three Auckland pharmacies, he has lost his house, car and has been bankrupted. He is now supporting his family on a benefit.

Katamat has taken his case to the High Court at Auckland where he is appealing the finding of the Tribunal, arguing that he should not have been de-registered as a pharmacist.

But lawyer Hayden Wilson - who is representing the health practitioners Professional Conduct Committee - said the Tribunal had no choice but to de-register Katamat.

"The Tribunal heard over and over again that it was someone else's fault,'' Mr Wilson said, referring to Katamat's evidence before the Tribunal.

He said Katamat blamed everyone but himself for the errors but his actions had been "galactically bad.''

Mr Wilson said the amount of Sudomyl that went missing was enough to supply someone for 21 years at 100 tablets a month.

He said every pharmacist knew they had an obligation to control the sale of Sudomyl.

"It is simply not safe to have him in a pharmacy.''

Justice Joe Williams questioned Mr Wilson about the quality of Katamat's lawyer at the Tribunal hearing.

Mr Wilson said it was not the adequacy of Katamat's lawyer which brought about the Tribunal's response but the weight of the evidence against him.

Katamat's new lawyer, Frances Joychild, did not represent him at the Tribunal hearing.

She said Katamat's other lawyer was not experienced and failed to cross-examine key witnesses on important points.

Ms Joychild said the Tribunal and the courts have to take into account that the Ministry of Justice had tightened their provisions for legal aid.

"They have to be aware of the enormous inequality of arms.''

She said the Tribunal's decision had been "punitive'' and other similar cases had not resulted in pharmacists losing their registration.

Ms Joychild said her client's defence had been that he had been set up by an employee who he had accused of stealing from him.

But Justice Joe Williams said the Tribunal concluded Katamat was lying and making up fantasies. "They suspected - without actually saying - that he was selling drugs to a gang.''

Ms Joychild said her client did not face criminal charges and maintains he was not responsible for the missing pills.

Justice Williams has reserved his decision.