Saturday 25 October 2014

Man fined €22k for selling Viagra at discount shop

Tom Tuite

Published 26/03/2014 | 08:32

L-R: Anthony Walsh, 55yrs, of Woodstown Park, Knocklyon, Dublin 16, leaving court with his son, Dean after they both pleaded guilty before the Dublin District Court.Pic: Collins Courts
L-R: Anthony Walsh, 55yrs, of Woodstown Park, Knocklyon, Dublin 16, leaving court with his son, Dean after they both pleaded guilty before the Dublin District Court.Pic: Collins Courts
L-R: Anthony Walsh, 55yrs, of Woodstown Park, Knocklyon, Dublin 16, leaving court with his son, Dean after they both pleaded guilty before the Dublin District Court.Pic: Collins Courts
L-R: Anthony Walsh, 55yrs, of Woodstown Park, Knocklyon, Dublin 16, leaving court with his son, Dean after they both pleaded guilty before the Dublin District Court.Pic: Collins Courts

A Dublin businessman has been fined €22,000 after he pleaded guilty to stocking Viagra at his bargain shop.

Anthony Walsh (55) of Woodstown Park, Knocklyon, Dublin 16, pleaded guilty to committing 11 offences contrary to the Irish Medicines Board Act, in relation to products found at his business, Breathnach's Bargains at St Dominic's Shopping Centre in Tallaght.

The retailer was prosecuted following two inspections by an officer from the Irish Medicines Board (IMB), on September 28, 2011 and April 11 the following year.

Brenda Kirby, an enforcement officer with the IMB, told Judge John O'Neill at Dublin District Court that after she received information from customs officers, she visited the premises and spoke to Mr Walsh's 26- year-old son Dean.

She noticed a “large number of unauthorised medicinal products”. Dean phoned his father Anthony who agreed with Ms Kirby that he would cease selling the products.

She said the Viagra brand is produced by the company Pfizer. A sample seized at the shop was sent to Pfizer and later established that the product and its labelling was false.

On April 11, 2012, she returned to the discount store and again found more medicinal products on sale. The discount shop owner pleaded guilty to having Kamagra tablets, which are not authorised for sale in this jurisdiction, and Viagra.

The businessman also admitted having two other prescription controlled medicines: Max Strength Decongestant Tablets and Vicks Sinex Decongestant Capsules.

The shop also had other medicines in stock that can only be sold in a pharmacy including: Calpol in 100ml and 140ml bottles, Diarrhoea Relief Capsules, Beechams All in One Tablets.

Ms Kirby agreed with defence counsel Barry Ward that Mr Walsh had claimed that the products were stock from another shop he had taken over. She said they were kept in offices adjacent to the customer counter and not on shop floor shelves. Counsel said Mr Walsh employs 16 people but has liabilities of about €3.5m.

Judge O'Neill convicted Anthony Walsh and imposed fines totalling €22,000 which must be paid within four months otherwise Walsh will be jailed for 21 days.

The businessman's son, Dean, pleaded guilty to three charges relating to keeping Max

Strength Decongestant Tabletsand Vicks Sinex Decongestant Capsules in stock for supply, and was ordered to give €1,000 to charity by May 27 to get the benefit of the Probation Act.

If the money is not paid the 26-year-old will have a conviction recorded and will be fine

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