Discredited cancer therapist found guilty of ACCC charges

In an unusual sitting of the Federal Court at Melbourne on the Saturday before Christmas, Justice North has found Mr Paul John Rana guilty of charges by the Australian Competition and Consumer Commission that he aided and abetted the commission of offences by two NuEra 'group' companies against the Trade Practices Act 1974.

The ACCC instituted criminal proceedings in the Federal Court earlier this year against Mr Paul John Rana, NuEra Wellness Centre Pty Ltd and Mr Micheal Lee Rana in connection with offence(s) under the Trade Practices Act and/or the Criminal Code Act.

The ACCC alleged, among other things, that Mr Paul Rana and the company had refused or failed to provide documents and information to the ACCC when legally required to do so pursuant to notices issued under s. 155 of the Act*.

In 2006 the ACCC issued a number of s. 155 notices to Mr Paul Rana and certain NuEra 'group' companies (referred to below). The notices were issued in connection with the ACCC's investigation into alleged conduct by Mr Paul Rana and other persons involving false and misleading representations and unconscionable conduct in relation to cancer cure claims (the ACCC later successfully instituted civil proceedings against Mr Paul Rana and others following this investigation).

In Saturday's hearing Mr Micheal Rana and NuEra Wellness Centre Pty Ltd (through its director, Mr Paul Rana) each pleaded guilty to their single charge. Mr Paul Rana who was charged with four offences pleaded 'guilty' to two charges and 'not guilty' to the other two charges. Justice North later found Mr Paul Rana' guilty of those charges.

Justice North adjourned the hearing of the sentencing aspect of the case to Monday 18 February 2008.

Both Mr Paul Rana and Mr Micheal Rana were in custody at Saturday's hearing as a result of the execution of warrants for their arrest which had previously been issued by Justice North. Each applied for bail. Mr Micheal Rana's application for bail was granted on conditions including reporting and residential requirements and the provision of a surety. Mr Paul Rana's application for bail was refused and he was remanded in custody until 18 February 2008 for the sentencing hearing.

The charges are being prosecuted by the Commonwealth Director of Public Prosecutions.

Background

*Section 155 of the Trade Practices Act gives the ACCC broad investigatory powers to obtain information, documents and evidence in relation to possible contraventions of the Act. It is an offence under s. 155(5) of the Act to refuse or fail to comply with a notice issued under s. 155 of the Act. A person who is convicted of an offence under this section may be punished with a fine or imprisonment for 12 months.

The specific charges are that:

• Mr Paul John Rana refused or failed to comply with a s.155 notice issued to him and that he aided, abetted counselled or procured the commission of an offence by each of NuEra Investments Pty Ltd, NuEra Care Centre Pty Ltd and NuEra Practitioner Pty Ltd in respect of the issue to them of a s.155 notice (four charges)
• NuEra Wellness Centre Pty Ltd refused or failed to comply with a s.155 notice issued to it (one charge), and
• Mr Micheal Lee Rana aided, abetted counselled or procured the commission of an offence by NuEra Wellness Centre Pty Ltd in respect of the s.155 notice issued to it (one charge).