Persons responsible for the deaths of children by taking the adulterated paracetamol syrup of BCI (Bangladesh) Ltd are yet to be punished since the case sees slow progress.
The prosecution of the Dhaka Drug Court blames witnesses for sluggish trial procedure. On the other hand, court officials allege that the prosecution lawyers are not sincere in quickly disposing of the case.
So far, only two out of six prosecution witnesses have testified in the case of BCI Ltd, with the latest on Thursday. Farhad Hossain was an official of the drug administration when the case had been filed.
The court has set March 18 for next witness in the case.
The first witness, also plaintiff of the case, Abul Khayer Chowdhury gave statement on August 28 last year after being summoned several times since May 2012 when the trial resumed following a High Court order.
After his testimony, the court sent Khayer, then the drug superintendent, to jail for three days as a punishment. The judge said he had tried to divert justice by dodging the court 18 times as such act only helped the accused.
Khayer, now a director, filed the case against six top officials of BCI Ltd on November 30, 1992 for manufacturing spurious drug that killed many children in early 1990s.
The accused are three BCI directors Shajahan Sarker, Shamsul Haque and Nurun Nahar, Executive Director ASM Baduruzza Chowdhury, Production Manager M Tajul Haque and Quality Control Manager Ayesha Khatun. Of them, only Shajahan is on bail while others remain fugitive.
The investigation officer submitted the charge sheet against the accused on January 2, 1993 and the court indicted them in 1994. Since then, the case remained pending with the High Court until 2011 upon a defence petition.
A study by Bangabandhu Sheikh Mujib Medical University suggests that as many as 2,700 children died from taking adulterated Paracetamol syrup between 1982 and 1992. But it is difficult to determine how many lives were lost between 1991 and 1992.
According to court sources, the prosecution witnesses are not coming to the court despite being facing arrest warrants.
“The prosecution lawyers are not helpful to quickly dispose of the case for some unknown reasons,” a court source told the Dhaka Tribune seeking anonymity.
On July 22 last year, the Dhaka Drug Court sentenced three officials of Adflame Pharmaceuticals to 10-year rigorous imprisonment for manufacturing spurious drug that killed at least 28 children in the early 1990s.
Many lives could have been saved had the Directorate General of Drug Administration acted efficiently in 1991, the judge said in the verdict.
The other companies accused of producing adulterated paracetamol syrups are Rid Pharmaceutical Company and Polychem Laboratories Ltd. The fifth company - City Chemical and Pharmaceutical Works Ltd – was not sued reportedly for having close connection with the then ruling BNP-Jamaat government.
Rid Pharma case near end
The depositions of three out of four witnesses in the case against Rid Pharma have so far been recorded by the drug court since 2011.
The court has set February 24 for the next witness.
In 2009, at least 28 children died across the country by taking toxic paracetamol syrup produced by Rid Pharma. The children died between June and August that year of renal failure due to the paracetamol syrup intake. The drug administration sealed off its factory on July 22.
On July 21, 2009, Shafiqul Islam, then the drug superintendent, filed the case with the Dhaka Drug Court, accusing five officials of the company. They are Managing Director Mizanur Rahman, directors Sheuli Rahman, also Mizan’s wife, and Abdul Gani and pharmacists Mahbubul Islam and Enamul Haque. Of them, Mizanur and Sheuli are on bail while the rest remain fugitive.
Trial proceedings in the case were deferred several times due to non-appearance of witnesses, court sources said.
Public prosecutor of the court Shaheen Ahmed Khan told the Dhaka Tribune: “We are hopeful about completion of trial of the two cases within a short time.”
