The family of a young Canadian father who died two days after being admitted to a Durban rehabilitation centre for a prescription drug addiction is outraged that the woman who administered a fatal dose of an illegal drug is set to walk free.
While the charge against dentist Anwar Mohamed Jeewa, 58, who ran the Minds Alive rehabilitation centre in Westville, has been raised from culpable homicide to murder, the family of Milos Martinovic say the withdrawal of all charges against the duty nurse, who was previously charged with culpable homicide with Jeewa, “is a blueprint for his acquittal”.
Martinovic, 26, was engaged to be married and had a four-month-old baby. He arrived in SA in November 2017 to undergo controversial “ibogaine” treatment at Jeewa's clinic. He had become addicted to Xanax — a benzodiazepine that acts as a depressant on the central nervous system — after the death of his mother from cancer.
According to the indictment served on Jeewa, Martinovic researched his addiction on the internet and came across videos posted by Jeewa about the centre and his belief in the use of ibogaine.
Ibogaine has only recently been registered in SA and is outlawed in many countries. According to the indictment, it is a naturally occurring psychoactive substance derived from the root bark of the African shrub.
It has been used by certain drug treatment centres for the treatment of morphine, cocaine and heroin addiction but, it is alleged, it may not be used for treatment for an addiction to benzodiazepines.
Two days after checking into the centre, Martinovic died from an overdose.
Jeewa's trial, in which he will answer to the charge of murder and other charges of unlawfully manufacturing, dispensing, selling and exporting the schedule six substance and running an unlicensed rehabilitation clinic, has been set down in the Durban high court for later this month for pretrial discussions between the state and the defence.
The year Canadian father Milos Martinovic checked into an illegal Durban rehab centre to deal with his Xanax addiction
— 2017
But local attorney Jacques Botha, who was briefed by Martinovic's family to keep a legal eye on developments, has, on their instruction, complained to the office of the provincial director of public prosecutions that as the indictment stands, the nurse needs to be in the dock with Jeewa.
“The indictment clearly states that she was the only person on duty [at the time of Martinovic's death]," Botha said.
“I have asked for a reason for this [the withdrawal of charges] from the office of the provincial director of public prosecutions and have asked for the decision to be revisited. But I have had no meaningful response.”
The National Prosecuting Authority declined to answer questions “due to the sensitivity of the matter”.
The nurse is not on the list of witnesses the state will call, implying that she has not “turned” state witness in order to testify in return for immunity from prosecution.
The number of days he stayed in the centre before he died of an overdose
— 2
The indictment alleges Jeewa was “well aware” that ibogaine should not be used for addiction to benzodiazepines, having lectured on the subject at an international seminar prior to Martinovic's admission.
In a video of the lecture, dated July 2017, which is still on YouTube, Jeewa says he was addicted to drugs for 17 years, “thrown into mental institutions” and, thanks to ibogaine, was “clean for 20 years”.
The indictment says when Martinovic arrived at Minds Alive, he was in possession of several boxes of Xanax, which Jeewa allowed him to keep.
“He told him to keep taking them to avoid withdrawal symptoms, but to reduce his intake in preparation for the ibogaine therapy. He was allowed to self-medicate with no supervision.”
It states: “On the evening of Tuesday November 7, knowing full well that he was self-medicating and without asking how many Xanax he had taken, and knowing that there was no medical practitioner on site, and that there was inadequate resuscitation equipment, infrastructure and competent nursing staff, he instructed the registered nurse to administer the ibogaine capsules to him, which she did in two separate doses.”
Botha said the subsequent events and the death of Martinovic were recorded on CCTV, which would be used at the trial.
Jeewa's attorney, Asif Latib, said: “The postmortem reveals he died of an overdose of his own stock and this does not justify an indictment for murder. My client is innocent until proven guilty.”
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