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Published on November 28, 2007

Phaisal denied the two charges - unauthorised production of a drug and production of a drug not included in the FDA-approved list - filed under the Drug Act of 1967.

He said he would sue the parties involved, particularly the FDA, for filing a "spurious" complaint. He said his lawyer would finish gathering evidence next week for a lawsuit against the FDA.

The plastic surgeon was previously implicated in the September 13 murder of Bio Clinic customer Raweewan Setarat, who had filed a number of lawsuits against him, alleging malpractice.

Phaisal's brother Sakda Hengsawas is wanted by police, but no charges have been filed against the doctor in relation to the murder.

Phaisal claimed the FDA was bullying him. He admitted he had chopped liquidised silicon into beads for injection, but said silicon was a legal medical treatment. He said the FDA only issued relevant regulations after his customers had filed complaints against him.

Phaisal also submitted an appeal to the public prosecutor's office, asking for a ruling on whether he had produced a new drug, and arguing that the Drug Act allowed medical professionals to produce drugs in some cases.

FDA official Jitti Yanpanya said Phaisal might not have thought he was producing a new drug, but the FDA considered the silicon beads an unauthorised medical product covered by the Drug Act.

The FDA submitted the complaint against Phaisal after the Raweewan murder, Economic and Cyber-Crime Division commander Maj-General Wisut Winichabutr said.

Police interviewed three defence witnesses, including Phaisal, and four witnesses for the FDA, before formally charging the doctor and filing the case in court.

People found guilty of unauthorised production of a drug can be jailed for up to five years and/or fined up to Bt10,000. And punishment for producing a drug not approved by the FDA is a maximum of three years in jail and/or a fine up to Bt5,000.

The Nation