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104 kidneys: SA scandal looms

Last updated: Friday, November 28, 2008

Key players in an alleged international syndicate trading in human

kidneys, including hospital group Netcare and high profile medical

specialists, will be notified next week that the state is considering

pressing criminal charges against them, the Mercury newspaper reported.

It has been eight years since police began probing allegations that

Brazilian kidney donors were being brought to South Africa, where

their healthy organs were transplanted into mainly Israeli patients at

Durban's St Augustine's hospital.

The scam was covered up through documents stating that the donors and

recipients were blood relatives - as required by law for organ transplant.

The Commercial Crime Unit told Sapa at least 104 kidneys had been sold.

Those implicated would be given an opportunity to make representations

before a charge sheet is drafted - in line with a recent precedent set

in ANC president Zuma's corruption case.

Netcare defends position

Netcare said that it was surprised that the prosecuting authorities

are considering charging the hospital group. " This is contrary to what

Netcare was informed by the investigating officers with whom Netcare

has consulted at length, and to whom detailed statements have been

made, " said a statement issued a Nicholson Associates on behalf

of Netcare.

" In fact, in draft charge sheets brought against various individuals

alleged to be involved in criminal wrongdoing, the state relies on the

fact that Netcare was a victim of the wrongdoing and was misled by

false representations.

" Netcare is confident that it did not knowingly participate in organ

trafficking or any of the other criminal wrongdoings being referred

to, " the statement read.

The prosecution team

The Mercury confirmed that a team spearheading the investigation and

prosecution, led by University of KwaZulu-Natal law professor Robin

Palmer and commercial crime unit Captain Louis Helberg, were locked in

meetings this week.

The team drafted a " discussion document " which Palmer confirmed would

be handed to lawyers acting for those implicated, next week.

Charges being considered were fraud, forgery, and contraventions of

the Human Tissues Act. – (Health24,Sapa)

http://www.health24.com/news/Transplantation/1-951,48904.asp

Health systems in chaos

Last updated: Friday, November 28, 2008

On Friday, The Mercury newspaper dropped a bombshell when they

reported that parties in an alleged international syndicate trading in

human kidneys, including hospital group Netcare, will be notified next

week that the state is considering pressing criminal charges against them.

It is alleged that Brazilian kidney donors are being brought to South

Africa where their kidneys are transplanted into Israeli patients.

Apparently the scam got around the legal requirement that donors

should be blood relatives by falsifying documents to make it seem as

if donors and recipients were blood kin.

Over a hundred kidneys are said to have been sold in this way.

Netcare however expressed surprise over plans to charge them. " This is

contrary to what Netcare was informed by the investigating officers

with whom Netcare has consulted at length and to whom detailed

statements have been made, " they said in a statement.

Whether Netcare will in fact be charged, and whether the charges will

stick, remains to be seen. Either way, this story is bound to stay in

the headlines for a while...

http://www.health24.com/news/The_week_in_news/1-3793,48911.asp

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