A DOCTOR cleared of deceiving terminally ill cancer patients is set to fight a separate conviction for selling prescription drugs without a licence.

Paschal Carmody from Killaloe, Co Clare, was found not guilty in July of last year on six counts of obtaining money through the deception of patients. A jury could not reach verdicts on 11 other charges. Carmody has now failed in an initial bid to appeal a separate conviction for the illegal sale of prescription medication.

In November 2005 he was found guilty on nine counts of sale without licence and received a 10-month suspended prison sentence and a €10,000 fine.

However, speaking to the Sunday Tribune last week, Carmody said he was preparing to bring a new appeal challenge to the Circuit Court. He will argue that the drug – St John's Wort, which is used to treat depression – was not prescription at the time and that the Irish Medicines Board (IMB) had no order to confiscate them.

"They were naturally produced, over-the-counter products and then the Medicines Board decided they would have them confiscated but they never followed procedure by getting a confiscation order," he said.

Carmody had a recent application to Tralee District Court to extend the appeal time for the conviction refused. He says he is now set to take his case to the Circuit Court.