Pharmacist censured despite overturned drug conviction from Kinsale Sevens event
Seán O’Leary, who has been registered with the PSI since November 2016, currently works as a supervising pharmacist with a pharmacy in Munster.
A pharmacist who had a conviction and a 30-day jail sentence for possession of cocaine during the Kinsale Rugby Sevens competition six years ago overturned has been censured by his professional regulatory body over the matter.
Seán O’Leary (aged 32) consented to the sanction from the Pharmaceutical Society of Ireland (PSI) after the matter was investigated by the sector’s watchdog.
The consideration of the issue by the PSI’s professional conduct committee concluded without proceeding to an inquiry after it agreed to accept an undertaking by the pharmacist about his future conduct.
Mr O’Leary, who has been registered with the PSI since November 2016, currently works as a supervising pharmacist with a pharmacy in Munster.
A complaint was referred to the PSI in June 2022 following media reports that named Mr O’Leary as one of several individuals arrested for unlawful possession of a controlled drug in May 2019.
The pharmacist was convicted in January 2020 for possession of cocaine to the value of €70 after being searched by gardáí on May 5, 2019, in Kinsale, Co Cork, during the local rugby club’s annual rugby sevens event.
He was sentenced to 30 days in prison for the offence despite emotional pleas from Mr O’Leary’s father. Judge James McNulty claimed young professionals were funding “a murderous business” in buying cocaine.
The court heard Mr O’Leary had no previous convictions and had been given the drug by another person. The judge remarked that the accused was an example of a gifted, privileged, spoilt generation.
However, Mr O’Leary succeeded in having the conviction overturned following an appeal to Cork Circuit Criminal Court in December 2020. The court reversed the order of Clonakilty District Court and expunged any record of any form of conviction after the pharmacist made a charitable contribution of €1,000.
The PSI inquiry heard that the regulatory body was contacted by Mr O’Leary’s solicitor, Frank Buttimer, following a report by an authorised PSI officer into the newspaper articles about his prosecution. Mr Buttimer indicated his client was willing to attend for a cautioned interview as requested.
At the interview on March 14, 2022, Mr O’Leary outlined in significant details the events which led to what he described as “a foolish error” made when he was inebriated and when his decision-making was “drastically impaired.” The pharmacist admitted his actions had caused immense distress to himself and his family.
Mr O’Leary said he had subsequently done everything possible to rectify his error including engaging with all health bodies and a support programme for healthcare professionals through his GP and a local counsellor.
He said he had committed to the testing of his hair and urine samples and provided test results for the previous two years which were all negative. The PSI inquiry was also provided with evidence of the past and ongoing “exceptionally positive” support and reflections of Mr O’Leary’s employers.
Mr Buttimer informed the PSI that his client wished to offer an undertaking that he would not repeat the conduct – namely have any controlled drugs in his possession other than those required in the course of his employment as a pharmacist or where validly prescribed for him by a registered medical practitioner.
The solicitor said Mr O’Leary also consented to being censured by the PSI’s council. The PSI registrar’s legal representative, Aisling Ray, said the regulatory body was supportive of the matter being dealt with by accepting the undertaking outlined by Mr O’Leary.
It was noted that there was no evidence of the pharmacist consuming cocaine as the complaint related to possession of the drug.
Mr Buttimer also observed that Mr O’Leary’s engagement with the PSI from the outset was “honest, respectful and fully demonstrative of his insight and remorse”. He claimed the process, which had lasted five years, had been a serious burden on the pharmacist.
“His life is not about anything other than his work and, you know, ordinary things that we all appreciate,” said Mr Buttimer. He added that Mr O’Leary accepted that his behaviour was less than the standard he should have upheld.
The inquiry’s chairperson, Dermott Jewell, said the committee was satisfied that it was appropriate to request and accept the pharmacist’s undertaking as the incident happened at an early stage of his career.
Mr Jewell also acknowledged the forthright way Mr O’Leary had dealt with the criminal proceedings against him and the PSI’s disciplinary process.
He said the committee was satisfied that it was “very much a once-off incident arising from a very serious lapse of judgment”. However, Mr Jewell stressed that the possession of any controlled drug by a registered pharmacist is “extremely serious and cannot be tolerated.”
“The consumption of excessive alcohol does not constitute an excuse,” he added.
The committee also noted an opinion by one of Mr O’Leary’s medical advisors that he does not have a substance misuse issue or any underlying mental health problems.
The doctor said she also found that he was respectful of his ethical obligations and had an understanding that the use of substances was not consistent with the role of a pharmacist.
Mr Jewell said the committee also noted the trust and confidence in Mr O’Leary by his employer and the fact that he had been promoted to supervising pharmacist and is to have an interest in the business.
His employer told the PSI that Mr O’Leary had special qualities, was empathetic and goes out of his way to advocate for patients as well as being upfront and regretful about his actions and working tirelessly to become a better person.
Mr Jewell said the case had been a salutary lesson for Mr O’Leary but the committee was satisfied that he does not represent a danger to the public. He concluded by reiterating that the committee considered possession of illicit drugs by a pharmacist as “extremely grave.”
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