Kota Kinabalu: A medical practitioner was charged with having unregistered Ivermectin products.
Nicholas James, 46, pleaded guilty before Sessions Court Judge Elsie Primus, to the charge against him, Friday.
However, during proceedings, the prosecution requested for another mention date due to some development in the facts of the case.
The court set Feb 23 for re-mention.
Nicholas is accused of having 100 strips of Biomec 12 Ivermectin BP 12mg at 12.35pm on Aug 23, 2021 at a clinic in Api-Api Centre, here.
The offence under Regulation 30(1) of the Control of Drugs and Cosmetic Regulations 1984 which is punishable under Section 12(1) of the Sale of Drugs Act 1952, carries a fine of up to RM25,000 or a jail term of up to three years, or both, on conviction.
During mitigation, Nicholas, who was not represented, told the court that he bought the products for his family members as he feared they may be infected with Covid-19.
“Unfortunately, there (Ivermectin products) were not registered. A month after the Ivermectin product that I bought had been confiscated, my parents, brother and sister-in-law as well as other family members were positive for Covid-19.
“My father barely survived and also my brother but my mum died.”
“I don’t blame the pharmacies for doing their job. I blame myself because I was trusted to look after the family but I failed.
“I don’t think this offence will be repeated again because this is very unprecedented.
“It was never in my intention to bring the unregistered product into circulation. It was never meant for the public. It was purely for personal use and my family,” he said.
Nicholas, who asked for leniency, said he admitted his wrongdoing and did not want to prolong the case.
In the proceeding, the court had raised some questions, among others, on whether it is an offence to have the said unregistered product if it’s only for personal use.
The court also advised Nicholas to engage with a counsel if necessary.
Prosecuting Officer Ahmad Najib appeared for the prosecution.
