A 58-year-old former Co Clare GP who has previously been struck off the medical register was today convicted on nine counts relating to the sale and supply of prescription only medicines without a licence and without necessary authorization.
Paschal Carmody , Ballycuggeran, Killaloe, Co Clare, was fined a total of €1,500, ordered to pay €10,000 in costs and expenses and given a ten months sentence suspended on condition that he be of good behaviour for 12 months.
Judge James O'Connor also adjourned the case for review to December 19th 2007 and said the defendant would be jailed for ten months if he misbehaved in the meantime.
Judge O'Connor said there should be no "ifs or buts" to the "lifetime undertaking" not to break any laws in relation to any occupation he takes up in the future.
The undertaking under oath also had to be freely given. Mr Carmody took the stand. Asked by his barrister, Brian McInerney if he would abide by the undertaking not to break any laws in relation to medicines or medicinal products or in any occupation he replied "I do".
The special sitting of Tralee District Court heard on its second day that Mr Carmody had 11 previous convictions for the supply and manufacture and sale of a range of medicinal products without a licence.
Mr McInerney said it was a difficult case which involved wrong-doing but also a very tragic human position.
His client was married with five children aged between 15 and 21. Three of the children were now at university. He was a former professional man and a doctor in the Killaloe area where he was held in high regard by a great proportion of his patients.
In Sept 2004 he was removed by the medical council from the medical register (following an investigation for professional misconduct).
"He has fallen very considerably from grace and finds himself struck off the medical register.
This process took place almost in a fish bowl under the bright lights and glare of the media at every twist and turn," his counsel said.
The fact this fall took place in such a public manner was a penalty in itself, he added. "Mr Carmody is virtually unemployed and unemployable," Mr McInerney said.