Court orders “Gammora HIV cure” sellers to pay K4,900,000 fine
The Mangochi Senior Resident Magistrate’s Court has ordered Mary Saidi (25) of Kalonga Village, T/A Mponda in Mangochi district and Molly Kainga (34) of Kalilombe Village, T/A Khumbila in Ntcheu district convicted in the criminal case of illicit sale of falsified injectable medicines falsely claimed to be a cure for HIV to pay a fine of K2, 450,000 each.
Senior Resident Magistrate Muhammad Chande handed down the ruling on Wednesday when the case came for sentencing after the same court, last week Thursday, convicted the two on their own plea of guilty to six counts under the PMRA Act, No. 9 of 2019 and HIV and AIDS (Prevention & Management) Act of 9 of 2018.
The Court heard through Police Prosecutor Inspector Shadreck Wikisi that the two convicts were found to be purchasing vials of gentamicin from pharmacies within Mangochi town. Subsequently, they would remove the original labels from these vials using methylated spirit and replace them with counterfeit labels, branding the medicines as “Gammora HIV cure” which they later sold to unsuspecting HIV patients at prices ranging from K90,000 to K120,000 per “dose” of three ampoules.
In his ruling Magistrate Chande, while observing that the convicts’ behavior was cruel with the potential to deter HIV patients from accessing effective treatment in preference of the false cure, said in coming up with its sentence the court had considered the fact that the two were first offenders and that they had expressed remorse of their action.
He then proceeded to order the two to pay K700,000 each or in default serve 24 months’ imprisonment on the first count of tampering with medicine labels contrary to Section 106(1); on the second count of keeping medicines on unlicensed premises contrary to sections 86 and 95 (1b) of the Act, the two have been ordered to pay K350,000 each or in default serve 12 months’ imprisonment.
On the third count of dealing in medical supplies without an appropriate pharmaceutical license contrary to section 56 of the PMRA Act, the two will pay K350,000 each or in default serve six months’ imprisonment. On the fourth count of advertising medicinal products without authorization contrary to Section 68 of the Act, they will also pay K350,000 each or in default serve 12 months’ imprisonment. They will pay another K350,000 each or in default serve six months’ imprisonment for the fifth count of supplying prescription only medicines without proper prescription.
And finally, they will also pay another K350,000 each or in default serve 12 months’ imprisonment on the last count of proclaiming, publishing misleading, false or inaccurate information concerning HIV and AIDS contrary to section 25 of HIV and AIDS (Prevention & Management) Act.
Reacting to the ruling, PMRA Public Relations Officer Joseph Josiah said the Authority will review the sentence before deciding on the next course of action.
A joint investigation by Malawi Police Service (MPS) and Pharmacy and Medicines Regulatory Authority (PMRA) led to the arrest of the two early this month after Ticktok adverts in which the convicts claimed they had permanent cure for HIV went viral.
During the investigation, PMRA also sealed two pharmacies for being implicated in the illicit sale of injectable drugs in excess amounts to the two women without prescription. Two personnel from these pharmacies and a graphic designer from Infinity Media Group where the stickers were being printed were also arrested.
Two convicted for selling falsified injectable medicines falsely claimed to be “Gammora HIV cure”
The Magistrate’s Court in Mangochi has today convicted two women involved in the illicit sale of falsified injectable medicines falsely claimed to be a cure for HIV.
The first suspect, Mary Saidi (25) of Kalonga Village, T/A Mponda in Mangochi was arrested on Sunday, 3rd March, 2024 in Mangochi while the second suspect, Molly Kainga (34) of Kalilombe Village, T/A Khumbila in Ntcheu was arrested on Tuesday, 5th March, 2024 in Salima after Malawi Police Service (MPS) and Pharmacy and Medicines Regulatory Authority (PMRA) launched manhunt of the two following Ticktok adverts in which the two claimed they had permanent cure for HIV.
The two were found to be purchasing vials of gentamicin and from pharmacies within Mangochi town. Subsequently, they would remove the original labels from these vials using methylated spirit and replace them with counterfeit labels, branding the medicines as “Gammora HIV cure” which they later sold to unsuspecting HIV patients at prices ranging from K90,000 to K120,000 per “dose” of three ampoules.
Senior Resident Magistrate Muhammad Chande convicted the two on their own plea to six counts under PMRA Act, No. 9 of 2019; HIV and AIDS (Prevention & Management) Act of 9 of 2018; and Penal Code.
The counts include that of tampering with medicine labels contrary to Section 106(1); keeping medicines on unlicensed premises contrary to sections 86 and 95 (1b) of the PMRA Act; dealing in medical supplies without an appropriate pharmaceutical license contrary to section 56 of the PMRA Act; advertising medicinal products without authorization contrary to Section 68 of the PMRA Act; proclaiming, publishing misleading, false or inaccurate information concerning HIV and AIDS contrary to section 25 of HIV and AIDS (Prevention & Management) Act; and obtaining money through theft by trick contrary to section 321 of the penal code.
Sentencing of the two is expected on Tuesday, 12th March, 2024.