The trial of the five pharmacists opened this Tuesday morning at the Pointe-à-Pitre Criminal Court. The examination of one of the cases was postponed until October 22. For the other four, the hearing was conducted in accordance with the rules. The amount of the gifts from URGO laboratories to the defendants amounts to more than 10,000 euros. All of them blamed the laboratory’s sales representative who had assured them that “it was legal”. Heavy fines and publicity of the sentence were requested. The judgment was adjourned until October 22.
The trial of the five pharmacists opened this Tuesday morning at the Pointe-à-Pitre Criminal Court. The lawyer for one of the defendants, Daniel Drumeaux, filed a request for an adjournment. Despite the opposition of the Public Prosecutor, who pointed out that the defendant had already been convicted of dispensing veterinary drugs without a prescription, the court granted the adjournment, on the grounds that the summons was poorly drafted. Daniel Drumeaux’s case will be heard on October 22.
Éline Corvo, Isabelle Merault, Sbihi Hamza and Keyte Turlet are called to the bar. All are being prosecuted for receiving benefits provided by a person providing a health service, in this case URGO laboratories.
The President proceeds to recall the facts. The case begins with a report from the General Directorate for Competition, Consumer Affairs and Fraud Control (DGCCRF) of Île de France, on May 4, 2021. URGO laboratories were convicted in appearances on prior admission of guilt (CRPC) to fines exceeding one million euros. 40% of pharmacies participated in this program. The total value of gifts given to pharmacists at the national level is approaching 55 million euros. The four defendants tried this Tuesday morning all accepted gifts of an amount exceeding 10,000 euros (cell phone, television, watches, champagne).
Éline Corvo acknowledges a lack of vigilance but places the blame on the salesperson who assured her that the device was legal. In return for the gifts, the pharmacist gave up his price discount which could reach 50% on the compresses.
Isabelle Merault assures that the 17 objects were all used for the operation of the pharmacy. The public prosecutor questions the legitimacy of a Longines watch worth 1000 euros, a Longchamp shopping bag, a Bose speaker. “I didn’t make the connection.” Isabelle Merault replies. At the request of her lawyer, she explains the professional use of the three phones, the tablet, a multi-purpose tool, the bag and a vacuum cleaner. “I chose based on their usefulness for the pharmacy.”
Hamza Shibi admits he has never heard of the anti-gift law.
The patient has never paid more for a product on the white range. The Urgo salesperson sold us something that was legal. Today, no more URGO products enter my pharmacy. We had no intention of defrauding. We were fooled by the laboratory, you can’t even know the hatred I have against them.
The President of the Court reacts “This is a regulated profession. You are responsible.” The Public Prosecutor’s Office questions them: “The 3000 euro Relais & Châteaux offer in Saint-Barth, is that normal? And the 2300 euro watch, doesn’t that make you wonder?”
I have always worked with Urgo, a leading laboratory. For me, I bought these items because I ignored my price discount. Today I understood that it was not that. It is URGO after all, it was not the small merchant next door. I could not imagine that it was illegal.
The president indicates that the four defendants have no criminal record. The 38 cases reported in Guadeloupe have been the subject of particular attention by the Basse-Terre Public Prosecutor’s Office, which has requested a standardization of the procedure in the two jurisdictions of Guadeloupe, Basse-Terre and Pointe-à-Pitre.
The pharmacist is not an ordinary trader. He is a health professional. This case comes at a time when the credibility of health professionals is already being called into question. The anti-gift law serves to preserve this trust. Were 18 bottles and 3 magnums of champagne used to run the pharmacy? Oddly enough, no one has asked the question of the value of the gifts given in exchange for the abandonment of the price reduction.
The public prosecutor is requesting a fine of the amount of the gifts received, increased by 30% for amounts between 10 and 15,000 euros and 35% for amounts over 15,000 euros. A B2 entry in the criminal record and the display of the sentence for two months in the pharmacy concerned are also required.
During the defense pleadings, Maître Kammerer, who represents Eline Corvo and Hamza Sbihi, questions the definition of the word gift and points out that several objects have indeed been used in pharmacies. He requests an exemption from registration in the criminal record, which is essential for practicing the profession of pharmacist and points out that URGO laboratories have benefited from this exemption. Maître Racon, lawyer for Keyte Turlet, is surprised by the judicial leniency that the URGO group has benefited from. He requests a discharge of sentence for his client and an exemption from registration in the criminal record. Maître Merault, lawyer for Isabelle Merault, also requests restraint, in particular an exemption from registration in the criminal record and from posting in pharmacies.
The judgment was adjourned until October 22, 2024.
Related News :