High Court overturns soldier's drug dismissal from Army

The High Court has quashed the defence force's decision to discharge a soldier who tested positive for cannabis.

Co Donegal man Private John White (aged 30), who was attached to the 28th Infantry Battalion, claims the positive test came about because he had eaten a pizza which had been, unknown to him, 'spiked' with cannabis resin as "a prank".

In his action Private White, a divorced father of two, said the Defence Forces failed to properly apply provisions and instructions in relation to random drug testing and acted unfairly and disproportionately in making the decision to recommend his discharge.

He also claimed that they failed to consider the circumstances of the matter or to apply the presumption of innocence, he claims. The Minister for Defence had denied the claims.

Today in his judgment at the High Court, Mr Justice Iarfhlaith Ó Neill said that he was satisfied that fair procedures had not been followed and the decision to discharge Pte White was "fundamentally flawed".

The court heard that Pte White, who enlisted in 2001, tested positive for cannabis following a random drug test at Finner Camp, Co Donegal, on October 6, 2005.

Following further analysis he was told on October 20, 2005, that he had tested positive for cannabis resin. Pte White said he was "astonished" by this.

When second test results also returned positive, he made a statement to his CO stating he had no idea how his sample had tested positive and denied any involvement in drugs or drug taking.

Pte White said that, sometime later, he was approached by an acquaintance who explained to him that, as a prank or practical joke, he had put cannabis resin on a pizza which Pte White had consumed.

Pte White said he had given this information to his CO who asked for the names and addresses of anyone involved and for the matter to be reported to the Gardaí.

Pte White said he felt unable to make a formal complaint in those circumstances.

On November 23, 2005, his Battalion Commander indicated he was recommending Pte White be discharged from the Defence Forces on the basis he was not prepared to press charges against the acquaintance.

That recommendation, along with all the statements, were forwarded to a senior officer of the Western Command, who made the order that Pte White be discharged.