Magistrate dismisses charge against pharmaceuticals supplier over expired HIV test kits

Devendra Rampersaud
Devendra Rampersaud

Magistrate Zamilla Ally-Seepaul yesterday freed Devendra Rampersaud, a pharmaceutical supplier of the charge of supplying the Ministry of Health (MOH) with expired HIV test kits.

Rampersaud was on trial at the Leonora Magistrate’s Court on the charge that on January 16, 2020, he sold and supplied 400 units (20 packs) of Unigold HIV test kits, batch #HIV7120026, which had expiry date as December 5th, 2020 with misleading representation, to the MOH Materials Management Unit at Diamond, East Bank Demerara.

However, the case against Rampersaud was dismissed as the court upheld a no-case submission, agreeing that the prosecution failed to prove essential elements of the offence.

The defence also contended that the prosecution failed to obtain sufficient evidence to show that Rampersaud imported the test kits and they also failed to establish that the court had jurisdiction to hear the matter.

In 2020, the Caribbean Medical Supplies Inc (CMSI), where Rampersaud had worked then, as an Area Manager, was accused of supplying the expired HIV test kits by the Government Analyst Food and Drug Department (GA-FDD).

The then Permanent Secretary of the MoH, Collette Adams, wrote to Rampersaud and informed him that an investigation was launched into allegations received that the company had supplied expired or tampered HIV Uni-Gold test kits to the ministry. “As such the Ministry has taken a decision to cease all delivery of drugs that was or are to be supplied to the Ministry with immediate effect,” Adams wrote. 

In a statement yesterday, CMSI said that the dismissal of the charge is a testament to the fact that the GA-FDD had rushed to prosecute Rampersaud without sufficient evidence to support the charge, while engaging in a very public campaign to bring the reputation of CMSI and Rampersaud into disrepute.

“This has resulted in irreparable damage to the good will and professional reputations of Mr. Rampersaud and CMSI.

“With the dismissal of the charge, CMSI and Mr. Rampersaud looks forward to renewed and continued engagement with the Government of Guyana and the private sector in the interest of and for the benefit of the public and private health sectors.

“CMSI continues to be a transparent and reputable company that provides pharmaceutical and healthcare products to the public and private sector across Guyana and is expanding its reach in the Caribbean. CMSI continues to have an unblemished record for the provision, installation and use of pharmaceutical and healthcare products since CMSI’s incorporation and this record continues as of today”, the statement added.