Viagra wholesaler had no licence, court told

An Auckland pharmacist is being prosecuted by the Ministry of Health for selling medicines such as the impotence drug Viagra and the obesity drug Xenical by wholesale without a licence.

The Auckland District Court heard yesterday that Kerry Donald Bell operated an internet business called Ichemist for the sale of medicines.

Bell and Ichemist face 11 joint charges of selling prescription medicines by wholesale without a licence. Bell faces a further four similar charges.

Prosecutor Louise Freyer told the court that the Medicines Act contained safeguards for the public using medicines.

Mrs Freyer said pharmacists were permitted to operate a wholesale business but to ensure quality, wholesale medicines had to be kept separate from areas where pharmacists conducted their business. Pharmacists had to be licensed.

In the event of a medicine "call-in", it was important that pharmacists be licensed so they could be contacted to prevent any risk to the public, she said.

Mrs Freyer said that in two separate interviews Bell had admitted selling medicines to the Men's Health Clinic in Remuera through Ichemist and also that Ichemist and Bell's Kingsland Pharmacy were not holders of wholesale licences.

Euan Galloway of the Pharmaceutical Society said that in January or February last year he received a telephone call from Bell, who asked if a prescription was required in order to supply a prescription medicine to a doctor.

Mr Galloway told the court that he replied that prescriptions were not required for selling medicines to medical practitioners or veterinary surgeons.

Marilyn Butler said she worked as a receptionist at the Men's Health Clinic from March to October in 2000.

Bell and Dr Chris Simpson of the clinic had an agreement under which orders for medicines via the internet would be faxed through to the clinic.

She said Dr Simpson would buy medicines from the Kingsland Pharmacy. On some occasions 10 to 20 packets of Viagra and five to 10 packets of Xenical would be sold a day.

Raynor Asher, QC, is appearing for Bell and Chris Morris is appearing for Ichemist. The trial, before Judge Patrick Toomey, continues today.