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A Kenilworth doctor was sentenced in the Wynberg Magistrate’s Court on Friday for his role in the sale and distribution of scheduled medicines worth about R5 million.
This system of classifying medicines is called “schedules”, and while medicines with a low safety risk can be bought from supermarkets and pharmacies without a prescription, Schedule 4 or 5 medicines are higher risk and require supervision so can only be obtained with a doctor’s prescription.
Doctor Bert Wolfgang Kirsten, 62, and his wife Shelley Ann, 54, were arrested in a Hawks sting operation in 2018 and caught attempting to mail prescription drugs to clients overseas.
Image: Dr. Bart Wolfgang Kirsten/Linkedin
According to IOL, Hawks provincial spokesperson Warrant Officer Zindzi Hani said the matter was being investigated by the Hawks’ South African Anti-Drug Agency team (Saneb). Kirsten pleaded guilty under Section 4 of the Prevention of Organised Crime Act (POCA) to 1,198 counts of selling scheduled drugs and 570 counts of money laundering.
“This stems from an incident in October 2018 where search warrants were executed and prescription drugs seized as part of a Hawks investigation into an alleged illegal pharmaceutical distribution network spanning multiple countries.”
“Kirsten and his wife Shelley were arrested by the Hawks’ Saneb and Wynberg police units after presenting an envelope containing scheduled medicines bound for the US at Kenilworth Post Office.”
He said the couple appeared in court charged with contravening the Drugs and Related Substances Control Act and the Narcotics and Drug Trafficking Act and were released on bail. Kirsten was granted bail of R80,000 and her wife R20,000.
Image: Hawks
As the case progressed, a plea deal was reached with Mr. Kiltshen’s wife in which the government dropped all charges against Mr. Kiltshen, but he was sentenced to three years’ effective house arrest and ordered to pay back R5 million in profits from the sale and distribution of controlled drugs.
Kirsten was sentenced to eight years in prison for counts 1-11198 of sale and distribution of scheduled drugs, but her sentence was suspended for five years on the condition that she not be convicted of the same offense during the probation period.
Charges 1,199 to 2,260 relating to the export of scheduled pharmaceuticals were dropped. For charges 2,261 to 2,830 relating to money laundering, Kirsten was sentenced to six years in prison, but this was suspended for five years on the condition that she not be convicted of the same offences during the period of probation.
The accused was further sentenced to three years’ correctional supervision under Section 276(1)(h) of the Criminal Procedure Code.
“The value of the defendant’s proceeds amounted to R5 million and as a result a confiscation order was made to pay R5 million into the Criminal Asset Recovery Account,” Hani said.
Think about it: after all, crime doesn’t pay.
[source:iol]
