Banned driver’s conviction overturned on sample delay

A MOTORIST banned from driving after cocaine was found in a blood sample had his conviction overturned yesterday because there had been a four-month delay in analysing the sample due to staff shortages.

Limerick Circuit Court was told the delay in analysing the blood sample taken from Joseph Culhane of Canon Hyde Park, Tipperary town, for drugs, arose from staff shortages at the medical bureau in Dublin.

Granting Mr Culhane’s appeal, Judge Carroll Moran said section 19 of the Road Traffic Act stated that samples should be analysed as soon as practicable after they are taken. A delay of four months could not be seen as “soon as practicable” and he was not entitled to take into account the excuse of lack or resources. The court was told that of the 20,204 samples sent by gardaí for analysis in 2007, there were 1,155 suspected of containing drugs, an increase of 31.4% on the previous year.

Joseph Culhane was stopped driving at St Mary’s Park on January 27, 2007, by Garda Seamus Houlihan.

His speech was slurred and he was so unsteady on his feet, Gda Houlihan had to assist him to stand. A blood sample was taken at Henry Street Garda Station and sent for analysis. State solicitor Aidan Judge said on February 15, 2007, gardaí received a certificate back from the medical bureau stating no alcohol had been found in Mr Culhane’s blood sample. On May 23, 2007, another cert came back saying a concentration of cocaine had been found in the blood sample.

Pauline Leavy, chief analyst with the medical bureau, said the delay in completing the drugs test was caused by heavy workload and a staff shortage.

During the period prior to the test for drugs being carried out on Mr Culhane’s blood sample, that sample was locked in a fridge.

Eimear Carey BL, for Mr Culhane, asked for the conviction to be overturned due to the delay and the judge granted her application.