TZW
Senior State Attorney Shadrack Kimaro, presenting the trial memorandum of facts, told the Kisutu Resident Magistrate’s Court in Dar es Salaam on Friday that the drugs, with batch number OC 01.85 were manufactured in March 2011 and expired February 2013.
The trial attorney told the Principal Resident Magistrate Huruma Shaidi that the fake ARVs bore names of Stavudine 30mg, Nevirapine 200mg, Lamivudine 150mg, which were supplied to the MSD on April 5, 2011 and April 11, 2011, in execution of a 5bn/- framework contract.
“The ARVs were delivered to MSD by Paschal Mulimila who was the TPI employee. On delivery date, he submitted Delivery Note and Tax Invoice from TPI and the copy of the Call Off Order. The delivery note and tax invoice were signed by Mulimila and Fatma Shango,” the prosecutor stated. Shango, Assistant Accountant with TPI, is among the accused in the trial.
Others are Director of Operations Seif Salum Shamte, Marketing Manager Alfred Msoffe and Managing Director Ramadhani Madabida. They are jointly charged with MSD Quality Assurance Manager Sadiki Frank Materu. The prosecution claims further that the consignments were delivered without TPI certificates of analysis, indicating commitment that the supplied drugs were of acceptable standards. On delivery, MSD officials inspected, approved the drugs and issued notes indicating that the consignments were of acceptable standards. Based on the approval, MSD received the drugs and processed payments, issuing two cheques of 62,519.04 US dollars (94,153,674.24) and 35,987.04 dollar (54,196,482.24).
The trial attorney disclosed further that Msoffe and Mulimila collected the two cheques from MSD on April 12, 2011 and April 21, 2011, respectively. The cheques drawn in favour of TPI were deposited and proceeds credited in the firm’s account at CRDB, Holland BranchIt’s further alleged that the money was later withdrawn and expended by Shamte and Shango, with all the transactions effected with the knowledge and approval of Madabida, a former Dar es Salaam Regional Chairman of Chama Cha Mapinduzi (CCM).
Between April and December 2012, the prosecutor claimed, MSD distributed the fake ARVs from TPI to its Zonal offices in Iringa, Tanga, Mwanza and Mara. In turn, the zonal offices distributed the drugs to hospitals and health centres within their areas.
In August 2012, Tanzania Food and Drugs Authority (TFDA) ordered its inspectors in Mwanza office to inspect different hospitals in Mara region to verify information received about the presence of substandard ARVs. The prosecutor told the court that the inspection was conducted and samples of suspected counterfeit ARVs taken and submitted to TFDA Headquarters for laboratory examination.
“The analysis of the sample indicated that the drugs did not comply with the appearance parameters and it was different from the TPI product that was approved by TFDA,” the trial attorney alleged. TFDA recalled the ARVs that TPI had supplied. It is alleged that the recalled consignment was also counterfeit ARVs. After presentation of the facts, all accused denied most of the charges, with the prosecution pledging to not less than 20 witnesses to prove the charges. The magistrate adjourned the case to April 17, 2018 for hearing to take off.