A company allegedly acting as an export agent to the UK of counterfeit pills was uncovered through networking between the Maltese and British authorities, the court heard yesterday.
The Medicines Authority in the UK alerted its counterpart in Malta of the pills, pointing out that they were coming from Malta. The information led to a raid that revealed a batch of fake Plavix, similar to ones that had come to the attention of the UK authorities, Police Inspector Antonovitch Muscat said in court.
As a result, three directors of pharmaceutical company Alphafarma - Mario Debono, who was also president of the pharmacy owners section at the Chamber of Small and Medium Enterprises - GRTU, pharmacist Jean Paul Tabone and his brother Mark Tabone, an accountant - were yesterday charged with importing counterfeit medicine.
They all pleaded not guilty.
Mr Debono, 43, of St Julians, Jean Paul Tabone, 42, of Balzan and Mark Tabone, 41 of Tal-Ibraġ also pleaded not guilty to importing medicines without a licence and breaching intellectual property rights.
Testifying, Inspector Muscat said a warehouse in Mrieħel was raided and the authorities found several boxes of pills stored there. Samples of the pills were sent to the pharmaceutical mother companies for testing. "All the pills were genuine with the exception of Plavix," he said.
The police found the blister packs of Plavix, which is used to prevent blood clots after a heart attack, in a box that had been set aside from the rest, he said.
The Plavix pills had been imported from outside the EU whereas Alphafarma only had a licence to import from within the EU. As a result, the Medicines Authority - as the competent body - imposed administrative fines on Alphafarma and when these were not paid, the police were asked to start criminal proceedings, Inspector Muscat said.
When questioned by defence counsel Giannella Caruana Curran about the Plavix pills, Inspector Muscat confirmed they were "quarantined" in a box set against a wall in the warehouse. However, he could not remember whether he had been told that these were set apart because they looked suspicious.
Dr Caruana Curran pointed out that her clients did not pay the fine because they wanted to contest it.
The Medicines Authority's CEO, Patricia Vella Bonanno said Mr Debono approached her in 2006 saying Alphafarma was importing medicines from within and outside the EU. At the time, the company had a wholesaler's licence that only allowed it to import from EU countries. The company was also restricted to operate from its offices in Mosta and not from Mrieħel.
Lawyers George Hyzler and Stephen Tonna Lowell also appeared for the three men.