A Mayo pharmacist who was accused of over supplying antibiotics and other prescription-only medicines to one of the largest farms in Connacht was convicted in only one of the 34 charges brought against him.

Pleaded guilty

Daragh Quinn of Quinn’s Chemist, Bridge Street, Crossmolina, Co Mayo, was convicted of only one charge despite pleading guilty to 34 breaches of the European Communities Animal Remedies regulations following the supply of medication to a farm in Co Galway.

Lack of clarity

Judge Mary Devins stated that due to the “lack of clarity” and uncertainty surrounding the legal definition of some of the regulations, she was dismissing the majority of the charges against him.

The defendant appeared before Ballina District Court on Tuesday in breach of regulation 28, which is the sale or supply of animal remedies without a valid prescription; regulation 48, which is to utter an altered document and falsely endorse a document; and regulation 43, which is to falsely endorse a prescription.

The charges

The charges were brought against Mr Quinn in his capacity as a chemist and director of Quinn Chemists and against the company, Quinn Chemists Limited.

The antibiotics were supplied to farmer Richard Bourns of Lisbeg Farms, Eyrecourt, Co Galway, which is one of the largest farms in Connacht, with up to 1,000 head of cattle and 2,500 sheep.

Pleading guilty

While pleading guilty to the charges, Mr Eoin Garavan, counsel for the defendant, argued that there was no legal definition around the term “dispense” and when this action takes place.

There was confusion, he said, over whether his client was in breach of the regulations regarding the sale or supply of animal remedies without a valid prescription.

Judge Devins agreed, saying it was notable that there was still a lack of clarity in relation to the term “dispense” and regarding the phrase “sale or supply”.

“In all circumstances and after considering the evidence and relevant law, I dismiss on the grounds of uncertainty all summonses against all three accused, Daragh Quinn, Daragh Quinn as a director and the company Quinn Chemists Limited, which relate to sale or supply and date of supply.

“That uncertainty, both legislatively and evidential, is not excused by the initial plea of guilty on the part of the accused,” she said.

Judge Devins convicted Mr Quinn on one sample charge of breaching regulation 48, which related to the placement of adhesive labels on medication on September 29, 2015. All the remaining summonses, she said, were to be taken into consideration.

Evidence

Evidence in the case was heard in June when Mr Louis Riordan, a veterinary inspector with the Department of Agriculture, said department officials inspected Lisbeg Farms on 23 September 2015 and found a large quantity of antibiotics.

They formed the view there was a “gross oversupply of antibiotics”.

The antibiotics came from Quinn’s Chemist in Crossmolina and Mr Riordan visited the premises on 29 September 2015. On inspecting Mr Quinn’s files and comparing them with the antibiotics found on the farm, Mr Riordan said there was an oversupply of medication sent to the farm.

While Mr Quinn admitted to the charges, he explained his practice after receiving a phone call from the farm requesting an order.

After preparing the order, he would place it in a basket for sending but stressed he never sent the product until the prescription arrived.

He explained he had a similar method when preparing an order for a nursing home as it saves time.

In his defence, Mr Garavan argued there was a lot of ambiguity and confusion regarding the regulation and, if this is the case, it should be interrupted in favour of the accused.

’White collar crime’

Ms Cliona Boland, counsel for the Department of Agriculture, told the court that the evidence was very clear and stressed what had occurred was “white collar crime in the heart of Mayo”.

In mitigation, Mr Garavan said his client no longer supplies animal remedies to Lisbeg Farm and, as a result of the publicity surrounding the case, he has experienced a 30% drop in sales.

Judge Devins imposed a €750 fine and allowed him one month to pay it.

Read more

Chemist ‘grossly oversupplied’ Galway farm with antibiotics

Department employee convicted after assaulting farmer at mart