Durban dentist fights homicide conviction

A DURBAN dentist who was charged for the death of a Canadian man and was found guilty this week says his conviction was a miscarriage of justice.

Anwar Mohamed Jeewa, 58, from Sherwood, was found guilty on Thursday of culpable homicide in relation to the death of patient Milos Martinovic.

Martinovic in 2017 had travelled to South Africa to seek Jeewa’s help to rehabilitate himself from drug addiction. However, it was alleged that Jeewa’s rehabilitation centre, Minds Alive Wellness Centre, was illegal and he administered drugs that he knew he should not have given to Martinovic which resulted in him having a heart attack.

Judge Rashid Vahed who presided over the matter found Jeewa guilty of culpable homicide, unlawful selling of a schedule 6 substance, compounding or dispensing of a schedule 6 substance, unlawful manufacture of a schedule 6 substance, export of a schedule 6 substance and establishing and managing an unregistered treatment centre.

Speaking to the Sunday Tribune outside court, Jeewa said he was disappointed with the outcome.

“I have been charged for trying to help and save people’s lives and it is very disappointing and sad to see that the state has treated me like a criminal when all I was doing was to serve the community and help the community which I did for over 15 years at the nonprofit organisation,” he said.

Jeewa said that it was the first time that an incident of this nature had taken place under his care, and that it was upsetting that the court had not taken this into consideration, adding that the court had not been able to prove the cause of death of the deceased.

He said that the matter had damaged his life financially, emotionally and psychologically.

Jeewa said that it was sad for him to be under correctional supervision and having to sign in at the police station and being treated harshly for six years.

He said that he had been crucified by the media without any factual evidence, with lies and accusations, and had been labelled a killer before the trial was held.

He said the case was not about establishing the truth, but about revenge, adding that a hit had been put out on his life a month before the trial began.

Jeewa said that in 2018 he had lodged a complaint with the Directorate for Priority Crime Investigation (Hawks)against the police and had taken a High Court interdict as he had been raided and treated like a drug dealer or criminal.

“I find it very difficult to accept that your only one intention was to help people and for them to treat you like a criminal and murderer. Initially, they knew that they did not know the cause of death in 2018, but they changed it from culpable homicide to murder. What does that indicate?

“I do not accept his judgment because at the end of the day, if you do not know the cause of death, how can you charge somebody and be responsible for the person who died,” he said.

Jeewa’s Attorney Shaheen Seedat said he had received a call from the public prosecutor, informing him of threats on Jeewa’s life and advising him to take precautions before, during and after the trial.

“It came through Interpol from the Dutch authorities and the investigating officer informed the public prosecutor and she told me,” he said.

Jeewa is currently out on bail of R20000 on condition that he:

Did not leave the jurisdiction of Kwazulu-natal without the written consent of an investigating officer. May not apply for travel documents pending the finalisation of the case. He report to a police station three times a week.

The matter was adjourned to September 12 for pre-sentencing reports and sentencing.

SUMMARY OF COURT FACTS

Anwar Jeewa, a dentist, operated a drug and alcohol treatment/detoxification facility called the Minds Alive Wellness Centre in Westville, which was not registered with the Department of Social Development as a treatment centre, nor with the Department of Health as a detoxification centre.

He advertised himself as a specialist with extensive knowledge in ibogaine therapy for drug addiction. He attended several conferences on the use of ibogaine (some as a guest speaker) where he was advised and himself advised others that ibogaine should not be used to treat an addiction to benzodiazepines.

He had a permit in terms of section 3 (1) of the Agricultural Pests Act, 36 of 1983, to import into South Africa Tabernanthe Iboga (dry plant material) from Gabon, which he did on a regular basis. He used the dry plant material to manufacture preparations containing Ibogaine without a license. He further dispensed, sold and exported such preparations without a license.

The deceased was a Canadian and French citizen who was addicted to Oxycontin (an opiate) and Xanax (known generically as alprazolam). Alprazolam is a benzodiazepine prescribed for the treatment of anxiety and panic disorder.

Milos Martinovic learnt of Minds Alive on its website and contacted Jeewa who he believed to be a medical doctor, with a view to obtaining ibogaine therapy for his addiction. Jeewa agreed to treat the deceased for a fee.

Martinovic travelled to South Africa for this treatment. On arrival he 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 Jeewa to continue taking the Oxycontin and Xanax tablets so as to avoid withdrawal symptoms, but to try and reduce his intake in preparation for the ibogaine therapy.

On admission to Minds Alive, Martinovic once again informed Jeewa that he wished to be cured of his addiction to opiates and benzodiazepine.

Jeewa instructed an enrolled nurse, Zamokwakhe Hlongwane, to administer ibogaine capsules to the deceased, which she dully did in three to four separate doses.

According to the state, at some point following the administration of the last dose of ibogaine, the deceased went into cardiac arrest. The only person on duty at Minds Alive was Hlongwane, who allegedly failed to employ the emergency response measures as per SA Resuscitation Council guideline and delayed calling for assistance.

When Jeewa arrived in response to Hlongwane’s call for assistance, he failed to undertake a proper resuscitation of the deceased.

At a subsequent post-mortem, it was recorded that the cause of death of the deceased was drug associated death consistent with an alprazolam overdose. Ibogaine was detected in the deceased’s blood.

According to the state, it is alleged that Jeewa 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.