Kota Kinabalu: A 29-year-old man who has previous conviction record for selling unregistered products, was fined a total of RM12,000 for having unregistered products used for abortion.
Edrick Agunchai pleaded guilty before Sessions Court Judge Amir Shah Amir Hassan to two counts against him.
On the first count, Edrick was fined RM5,000 in default five months’ imprisonment for having 50 tablets of Cytotec Misoprostol 200mg which was not registered with the Ministry of Health (MOH) at 2pm on Oct 27, 2022 at the J&T Express in Inanam Taipan, near here.
window.googletag = window.googletag || {cmd: []};googletag.cmd.push(function() {googletag.defineSlot('/22826383987/dailyexpress_inline', [1, 1], 'gpt-passback').addService(googletag.pubads());googletag.enableServices();googletag.display('gpt-passback');});On the second count, he was ordered to pay another RM7,000 or spend six months in jail for having 86 unregistered tablets of Cytotec Misoprostol 200mg at 4.45pm on the same day at a unit of apartment in Lorong Vista Minintod Jalan Bundusan, Penampang.
The offence under Regulation 7 (1)(a) of the Control of Drugs and Cosmetic Regulations 1984 carries a jail term of up to three years, or a fine of up to RM50,000 or both, on conviction.
In mitigation, Edrick who was not represented, asked for a light sentence saying that he was just a middle person in selling the product via online.
However, Prosecuting Officer Lim Lay Peng from the Pharmacy Department urged the court to impose an appropriate sentence for public safety and health, as it would not only serve as a lesson to Edrick but also as a warning to others who may intend to commit the same offence.
Lim told the court that Cytotec was the brand name for a medication known as Misoprostol and originally registered with the Drug Control Authority in Malaysia for the approved indication of treating gastric and duodenal ulcers.
However, in November 2016, Lim said the product registration holder had cancelled its registration and since then, Cytotec was classified as an unregistered product and prohibited from being sold in the Malaysian market.
“In addition to treating ulcers, Cytotec functions by inducing intense uterine contractions, which can result in miscarriage. Due to this effect, the medication has become a tool commonly exploited by unscrupulous parties for use as an abortion pill.
“Over the years, Misoprostol has been found for sale across various online platforms. In this case, based on investigation, Edrick was believed to be the seller behind the Telegram account used to illegally sell Cytotec online.
“He was caught red-handed during the raid at a post office, in possession of parcels containing Cytotec tablets, ready to be shipped to buyers. This unauthorised sale endangers public health and puts the lives of pregnant women at serious risk,” said Lim.
She added that the Edrick’s actions amount to facilitating or promoting unlawful abortions as he was not a licensed medical practitioner, and hence he was neither qualified nor authorised for causing a miscarriage/abortion.
Lim informed the court that Edrick was a repeat offender as he was previously convicted in 2023 under the same regulation for the same product.
