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The Pharmaceutical Journal
Vol 274 No 7343 p404
2 April 2005


Society summary

Statutory Committee

Striking-off for theft of medicines worth £26,000 more

Reprimand for supply of medicines obtained from questionable source more


Striking-off for theft of medicines worth £26,000

A locum pharmacist who stole medicines worth £26,000 from branches of Superdrug, and then sold them on to a proprietor pharmacist acquaintance, has been removed from the Register of Pharmaceutical Chemists on the order of the Statutory Committee.

On 14 December 2004 the committee inquired into the case of James Robert Cranston Tugby, whose registered address was Eastview, 1 Western Drive, Claybrook Parva, Leicester. On 1 July 2003, at Chester Crown Court, Mr Tugby had pleaded guilty to and been convicted of conspiracy to steal, for which he had been sentenced to 15 months’ imprisonment and subjected to a confiscation order in the sum of £26,195.18 to be paid within 56 days. The pharmacist to whom Mr Tugby had supplied the drugs, Amin-Ur Rashid (see report below), was his alleged co-conspirator at the trial, but the case against Mr Rashid was withdrawn and a “not guilty” verdict entered.

College friend

David Bradly, for the Society, told the committee that from March 1998 to December 2002 Mr Tugby worked a total of 512 days for Superdrug, receiving in total just over £112,000 by way of fees and expenses over that three-year period. However, in addition to carrying out his duties as a locum pharmacist, he was also stealing medicines from the pharmacies and selling them on to Mr Rashid, a friend from their college days, for use in Mr Rashid’s own pharmacy in Chickenley, Dewsbury, West Yorkshire. The precise value of the medicines concerned was not known, but Mr Rashid had paid Mr Tugby a total of about £26,000.

Interviewed by the police, Mr Tugby had explained that valuable amounts of in-date medicines were returned by patients for destruction, and he had proposed to Mr Rashid that he should supply such medicines cheaply. He said that Mr Rashid, although knowing from the outset that the medicines were patient returns, had never been aware that they were stolen.

From systematically stealing patient returns, Mr Tugby went on to steal new dispensary stock. Sometimes he swapped patient returns for newer unused stock of the same product. Sometimes expensive patient returns went back onto the dispensary shelves and he took other products of similar value.

At interview, Mr Tugby explained that Mr Rashid made lists of medicines he was interested in and Mr Tugby looked out for items from the lists while carrying out locums. Mr Rashid placed his orders by text message or phone call.

This state of affairs continued until December 2002 when the regular pharmacist in a Superdrug branch noticed that stock worth about £500 had apparently gone missing while Mr Tugby was standing in for her on the previous day. When Mr Tugby next worked for Superdrug, later that month, he was searched and significant amounts of medicine were found.

Superdrug put the matter in the hands of the police, who in due course searched Mr Tugby’s house and car, finding a total of 85 medicines and a list of 632 medicines wanted by Mr Rashid.

Mr Tugby told the committee that he did not spend any of the money from the thefts. His only concern was to ensure that his mother was “financially OK” after the death of his father in 1998.

He went on: “I am extremely ashamed and sorry for having to come before you and the shame I have caused to my profession and Superdrug. It was a gross breach of trust. It repulses me to think what I have done. I have let my family down badly.”

After his release he worked 12 hours a day seven days a week as a pharmacist to pay £30,000 compensation. He also paid a further £26,000 to Superdrug to cover the company’s losses and prevent a civil case.

Mr Tugby claimed that he became depressed and thought about killing himself after his father’s death. He had been taking a high dose of antidepressant.

Breach of trust

Giving the committee’s determination, the chairman, Lord Fraser of Carmyllie, QC, said that Mr Tugby was remorseful and ashamed of the manner in which he had let down his profession. But, like the trial judge, the committee was bound to take a serious view of his breach of trust and had no option but to direct the removal of his name from the Register.

He added: “We are concerned that Mr Tugby now has serious medical problems and should be pursuing whatever assistance and support is available to him. In our view, he should be concentrating on this and should he seek restoration to the Register in due course, the Committee would obviously want to be confident that these problems that at present afflict him are behind him.”

Mr Tugby had three months in which to appeal against the decision. His name was removed from the register on 16 March.

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Reprimand for supply of medicines obtained from questionable source

The Statutory Committee has reprimanded a pharmacist who supplied the public with medicines from a questionable source.

On 13 and 14 December 2004, the committee inquired into a complaint by the Council of the Royal Pharmaceutical Society about Amin-Ur Rashid, of 6 Victoria Crescent, Birkdale Road, Dewsbury, West Yorkshire, who is the sole proprietor of Chickenley Pharmacy, at 51 Walnut Lane, Dewsbury. The Council alleged that, contrary to the requirements of the Society’s Code of Ethics, Mr Rashid had obtained medicines for onward supply to the public from a source other than a manufacturer or licensed wholesaler and had failed to take appropriate steps to check that the source, supplier and quality of those medicines was reputable.

The committee heard that over two-and-a-half years, for use in his pharmacy in West Yorkshire, Mr Rashid had bought medicines worth about £26,000 from a pharmacist friend, James Tugby, who was eventually convicted and jailed for stealing the medicines from branches of Superdrug while working as a locum (see report above). Mr Rashid had been arrested on suspicion of conspiracy to steal medicines but the case against him had been thrown out of court.

Discount

Mr Rashid admitted failing to ensure that the medicines were from a reputable source but claimed that he had not known that they were stolen when he bought them at a discount from Mr Tugby. However, he admitted that he became suspicious about where Mr Tugby was getting the drugs when he received some out-of-date inhalers. “I was worried, but I didn’t know he was stealing.”

Elyas Patel, for Mr Rashid, said that from the beginning of police interviews, his client had been helpful, co-operative, frank and candid.

He added that Mr Rashid has continued to work at his pharmacy in Dewsbury, where the local community was behind him and did not want him to stop being their pharmacist.

Giving the committee’s determination, the chairman Lord Fraser of Carmyllie, QC, said that the committee accepted that Mr Rashid had no knowledge of Mr Tugby’s repeated thefts. But he knew that Mr Tugby was not a wholesaler and did not check the source of his supply.

But Lord Fraser added: “We’ve heard from a significant number of witnesses in the community who have travelled down from Yorkshire to support him. The support for him in the local community is genuine. It is also relevant to take into account his 14 years of unblemished conduct.”

Lord Fraser complained that the committee had an inadequate range of sanctions open to it. Finding misconduct proved it could only reprimand or remove from the register. He concluded: “Removal from the register is not warranted but a reprimand is the next most serious measure we can impose.”

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