A soldier who tested positive for cocaine has lost his legal challenge aimed at preventing his discharge from the Defence Forces. A stay applies on his discharge pending any appeal.
Private Christopher Maher claimed he had not taken cocaine but might have ingested it passively or accidentally at a party he attended the night prior to a drug test.
He claimed he was at a party the night prior to undergoing the random drug test and that illegal substances were taken by others at that party.
Mr Justice Séamus Noonan dismissed the High Court action brought by Private Maher, from Co Tipperary, who tested positive for cocaine following the drug test in March 2013.
In May 2013, his commanding officer said the only credible reason for the positive test was voluntary consumption of a controlled drug. The officer recommended his discharge from the Defence Forces.
Private Maher appealed, but the officer who heard the appeal determined last November he had failed to produce any evidence to substantiate his claim he had ingested the drug passively or accidentally.
Submissions
In proceedings against the Minister for Defence and the State, Private Maher sought an order quashing the decision, taken in January 2014, to discharge him.
He claimed the officer who heard the appeal failed to have regard to his submissions, failed to provide him with copies of scientific opinion relied upon and had regard to matters he ought not to have had.
He also argued the levels of a controlled substance found in his sample could have been over reported.
Under Defence Forces regulations, the cut off point for a positive test is 150ng/ml, he said. Urine samples provided by him had a reading of 150ng/ml for the A sample, and 179ng/ml for the B sample, of benzoylecgonine, a substance which indicates the presence of cocaine.
The respondents opposed the application and argued the discharge decision should remain undisturbed.
In his decision, Mr Justice Noonan dismissed all of Private Maher’s arguments.
The “plain fact” of the matter was that Private Maher’s explanation that he somehow ingested cocaine accidentally was found not to be credible, the judge said. The breach of discipline was proved by the positive test, he said.