Pharmacy Board blanks Super Pharms

This was revealed yesterday by Kerwyn Garcia, attorney for Super Pharms when a judicial review case came up before Justice Humphrey Stollmeyer in the Port-of-Spain High Court.

Super Pharms filed for judicial review of the decision of the Pharmacy Board to refuse and/or delay the granting of the licence to the company. The company was granted leave by Justice Carlton Best on July 28 to challenge the decision of the Pharmacy Board. One of the investors of the company is Joseph Rahael, son of Health Minister John Rahael.

When the matter was called yesterday, Garcia told the court that his client received a letter dated August 11 from the Pharmacy Board turning down the application for a licence, dated May 3, to operate the pharmacy at 1 Colombus Circle, Westmoorings. The building which was used by Mc Donald’s fast food outlet, is ready for occupation.

The letter was signed by Ruthven Thompson, vice-president of the Pharmacy Board. Thompson said the Council of the Board, at a meeting on August 9, refused to grant the licence on the ground that the name Super Pharms Limited "was in the opinion of the Council, objectionable, undesirable and misleading."

The letter, which was addressed to Elizabeth Akeung-Ho, of Petit Valley, stated that the Council also refused to grant the licence on the ground that Akeung-Ho had identified herself as the applicant when the body of the application showed that Super Pharms Limited was the intended applicant.

According to Thompson, the Council viewed this as irregular. With the receipt of the letter, Justice Stollmeyer wanted to know if the company was still proceeding with the judicial review application. According to attorney Garcia, the case was still alive and he wanted to proceed with it.

Rikki Harnanan, who appeared for the Pharmacy Board, said he needed time to file affidavits. In the meantime, he said that his client wanted to make an application to set aside the leave which was granted by Justice Best 16 days ago. He said his client can make such an application before a judge in Chambers and argued that Super Pharms had alternate remedies. He asked that his client be given until August 17 to file affidavits.

Justice Stollmeyer then asked, "should the substantive motion proceed? Based on what I have read or what is before me, the application was rejected because of a name?"

The judge continued, "the Council is saying, that in their view, the company cannot be called Super Pharms because it carries with it, an element of being superior. How is the Council to deal with that? I have looked at the telephone directory and there are no less than 15 entries with the word ‘super this and super that.’ I lay that out so you can think about it," Justice Stollmeyer added.

It was decided that Garcia would hand in his submissions in writing by August 19 and the case was adjourned to August 22. David Sobrian, chief executive officer of Super Pharms, was in court for the hearing.