The charge against Davendra ‘Ken’ Rampersaud, a Technical Consultant and businessman, who is accused of allegedly providing the Ministry of Health (MOH) with fake HIV testing kits, was on Wednesday dismissed because of insufficient evidence.
Rampersaud was on trial as a representative for Caribbean Medical Supplies Inc. (CMSI), which on January 16, 2020, reportedly sold and supplied 400 units (20 packs) of Uni-Gold HIV Test Kits with an expiry date of December 5, 2020, to the Materials Management Unit of the MoH.
The kits were allegedly sold with misleading representation which is a violation of the Food and Drugs Act of 1971.
He had denied the charge which was filed by the Government Analyst Food and Drug Department (GA-FDD).
On Wednesday, Magistrate Zamilla Ally-Seepaul, who presided over the case at the Leonora Magistrate’s Court, ruled in favour of a no-case submission made by attorney Latchmie Rahamat.
The Magistrate ruled that not only did the prosecution fail to prove the essential elements of the offence, but they also failed to establish that the court had jurisdiction to hear the matter.
It was further noted that the prosecution failed to lead sufficient evidence to show that the medical supply company imported the test kits.
In January 2020, the GA-FDD seized a quantity of the HIV testing kits from the Materials Management Unit at Diamond, East Bank Demerara.
Several kits were also seized from local laboratories and hospitals.
According to reports, the probe was launched after an Irish manufacturer wrote to former Minister of Public Health Volda Lawrence and warned her of the counterfeit Uni-Gold HIV test kits which allegedly made their way into Guyana.
CMSI had issued a statement denying any fraudulent conduct or knowingly providing any tampered or expired rapid HIV testing kits to the ministry.
CMSI had said that it subcontracted a Kenyan firm to supply the kits and would have taken legal action against the company if there was any malpractice.
