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A Kenilworth doctor has been sentenced in the Wynberg Magistrate’s Court on Friday in connection with the selling and distribution of scheduled medicine worth about R5 million.

This system of categorising medicines is called ‘scheduling’, where medicines with a lower safety risk may be available at a supermarket or at a pharmacy without a prescription whereas schedule 4 or 5 meds, for example, have a higher risk and require monitoring and thus are only available with a prescription from your doctor.

Doctor Bert Wolfgang Kirsten, 62, and his wife, Shelley Ann, 54, were busted in 2018 during a sting operation by the Hawks where he was caught trying to post prescription drugs to overseas clients.

Image: Dr Bert Wolfgang Kirsten/ Linkedin

The provincial spokesperson for the Hawks, Warrant Officer Zinzi Hani said the matter was investigated by the Hawks’ South African Narcotics Enforcement Bureau team (Saneb), per IOL. Kirsten pleaded guilty to 1,198 counts of selling scheduled medicine, as well as 570 counts of money laundering, according to Section 4 of the Prevention of Organised Crime Act (Poca).

“This emanates from an incident that occurred in October 2018, where scheduled medicine was seized after search warrants were executed as part of Hawks’ probe into an alleged illegal medicine distribution network involving multiple countries.

“Kirsten, as well as his wife, Shelly, were then arrested by the Hawks’ Saneb, together with the Wynberg Visible Policing Unit at Kenilworth Post Office after he had handed in envelopes containing scheduled medicines destined for the US.

He said the couple appeared in court on charges of contravening the Medicines and Related Substances Control Act‚ read with the Drug and Drug Trafficking Act, and were granted bail. Kirsten was granted R80,000 bail while his wife was granted R20,000 bail.

Image: Hawks

Then, as the matter progressed, the State withdrew all charges against Kirtsen’s wife when they entered a plea agreement. He, however, has been sentenced to an effective three years of house arrest and ordered to repay the R5 million he made from selling and distributing scheduled medications.

Kirsten was sentenced on counts 1 to 1,1198 for selling and distribution of scheduled medicine to eight years imprisonment which was wholly suspended for a period of five years on condition he is not convicted on the same offence during the period of suspension.

The charges were withdrawn on counts 1,199 to 2,260 for exporting scheduled medicines. On counts 2,261 to 2,830 for money laundering, Kirsten was sentenced to six years imprisonment which was wholly suspended for a period of five years on condition he is not convicted of the same offence during the suspension period.

Additionally, the accused was sentenced to three years of correctional supervision under section 276(1)(h) of the Criminal Procedure Act.

“The value of the accused’s proceeds amounts to R5 million, which resulted in a confiscation order being granted for the amount of R5 million to be paid into the Criminal Asset Recovery Account,” said Hani.

Would you look at that; in the end, crime does not pay.

[source:iol]