THE trial of a dentist, who is accused of operating an illegal drug treatment centre and allowing a patient to continue taking his ‘anxiety and panic disorder’ medication, while administering Ibogaine, a schedule 6 substance resulting in his death, commenced in the Durban High Court on Monday.
Anwar Mohamed Jeewa, 58, of Sherwood, is charged with murder, following the death of Canadian and French citizen, Milo Martinovic, 26, who sought help at the centre in Westville, in November 2017.
A post-mortem established that it was a ‘drug associated death consistent with Alprazolam overdose’.
Jeewa, the founder and director of the Mind’s Alive Wellness Centre, is also charged with contravening various sections of the Medicines and Related Substances Control Act.
He is accused of unlawfully selling, compounding, manufacturing and exporting Ibogaine or preparations containing Ibogaine, without holding a licence or being otherwise authorised to do so.
Jeewa, is furher accused of contravening the Prevention and Treatment For Substance Act, where he allegedly intentionally established and managed an unregistered treatment centre.
Jeewa, who is represented by attorney Shaheen Seedat, and advocate Jay Naidoo, pleaded not guilty to all six counts.
In her submissions, senior state advocate Nadira Moosa, told the court, Jeewa was a qualified dentist who was registered with the Health Professions Council of South Africa (HPCSA).
She said in terms of the Health Professions Act, 56 of 1974, a dentist is restricted to performing professional acts only in the field of dentistry.
Moosa said Jeewa is accused of operating a drug and alcohol treatment/detoxification facility, which was not registered with the Department of Social Development as a treatment centre, nor with the Department of Health as a detoxification centre.
“The accused was aware that the registration was a prerequisite to operating such a facility.”
Moosa said Jeewa advertised himself as a specialist with extensive knowledge in Ibogaine therapy for drug addiction, and had attended several conferences on the use of Ibogaine.
She said in some instances, Jeewa was a guest speaker, where he was advised, as well as advised others that Ibogaine should not be used to treat an addiction to benzodiazepines.
Moosa told the court, that Jeewa, was authorised by a permit issued in terms of section 3(1) of the Agricultural Pests Act, 36 of 1983, to import into South African Tabermanthe Iboga (dry plant material) from Gabon, which he did on a regular basis.
“He used this dry plant material to manufacture preparations containing Ibogaine without a licence to do so. He further dispensed, sold and exported such preparations without a licence or other authorisation to do so.”
Moosa told the court that Martinovic, who was addicted to OxyContin (an opiate) and Xanax (known generically as Alprazolam), travelled to South Africa to seek treatment at the Minds Alive centre.
She said Alprazolam is a benzodiazepine medication commonly prescribed for the treatment of anxiety and panic disorder.
“Minds Alive has its own website which contains information relating to the services offered by the centre and by Jeewa.
“The deceased learnt of Minds Alive through this website and contacted the accused, whom he believed to be a medical doctor, with a view to obtaining ibogaine therapy for his addiction to opiates and benzodiazepines. The accused agreed to treat the deceased for a fee,” she said.
Moosa said it is alleged that on arrival at the centre, Martinovic was in possession of an unknown number of OxyContin tablets and several boxes of Xanax, which Jeewa allowed him to keep.
“He was instructed by the accused to continue taking the OxyContin and Xanax tablets so as to avoid the withdrawal symptoms associated with the abrupt discontinuation of a drug, but to try to reduce his intake in preparation for the Ibogaine therapy. The deceased was effectively directed by the accused to self-medicate with no supervision.
“On admission, the deceased once again informed the accused that he wished to be cured of his addiction to opiates and benzodiazepines,” she said.
Moosa said on the evening of November 7, with the full knowledge that Martinovic had been self-medicating on OxyContin and Xanax, Jeewa instructed an enrolled nurse in his employ, to administer Ibogaine capsules to him, which she duly did in three to four separate doses.
At some point following the administration of the last dose of Ibogaine, Martinovic went into cardiac arrest.
She said at the time, the only person on duty at Minds Alive was the enrolled nurse, who failed to employ the emergency response measures as per standardised SA Resuscitation Council guidelines and delayed calling for assistance.
Moosa said, Jeewa, who arrived at the premises in response to the enrolled nurse’s call for assistance, also failed to undertake a proper resuscitation of Martinovic as he was required to do.
“At a subsequent post-mortem examination it was recorded that the cause of the death of the deceased was, ‘drug associated death consistent with Alprazolam overdose’. Ibogaine was detected in the deceased’s blood.
“ It is alleged that the accused subjectively foresaw the possibility that administering Ibogaine to the deceased, who had already ingested an unquantified dose of Alprazolam and/or OxyContin, would bring about the death of the deceased.
“The accused reconciled himself to this possibility and was reckless as to the outcome and is therefore guilty of murder,” she said.
The trial continues. More than 50 witnesses are expected to testify.
The POST