Internet sales charges flawed, says lawyer

The trial of an Auckland pharmacist charged with selling medicines such as the impotence and obesity drugs Viagra and Xenical by wholesale without a licence ended yesterday.

Judge Patrick Toomey reserved his decision at the end of the three-day trial in the Auckland District Court.

During the trial the court heard that the pharmacist, Kerry Donald Bell, operated an internet business called IChemist Ltd to sell medicines.

Bell and IChemist, prosecuted by the Health Ministry, faced 11 charges of selling prescription medicines by wholesale without a licence. Bell faced a further four similar charges.

The court heard that Bell had admitted in interviews to selling medicines to Dr Chris Simpson, formerly of the Men's Health Clinic in Remuera, through IChemist and also that IChemist and Bell's former Kingsland Pharmacy were not holders of wholesale licences.

Dr Simpson would buy medicines from the Kingsland Pharmacy. Sometimes 10 to 20 packets of Viagra and five to 10 packets of Xenical would be sold a day.

For Bell, Raynor Asher, QC, said yesterday that the Crown had abused procedure to allege that Bell and IChemist Ltd carried out the same acts.

Given that Bell was alleged to have sold the medicines, it was difficult to see how it could be said that IChemist also sold the same medicines. IChemist Ltd was a trade name and should not have been charged.

Mr Asher said the defendants had been charged under the Medicines Act but under the same act pharmacists did not require prescriptions to sell medicines to medical practitioners.