A juvenile drinking prosecution was struck out last week because gardaí failed to sip a drink they believed to be alcoholic.
Judge Peter Smithwick dismissed a case in Nenagh District Court on Friday against a publican who was charged with allowing underage drinking on his premises, according to Nenagh newspaper the Guardian.
The case was dismissed because gardaí failed "beyond reasonable doubt" to prove a drink, which was in the possession of a youth, contained alcohol.
The State's case against the Co Tipperary publican fell apart when the defendant's solicitor said an underage youth, who gardaí claimed was caught with a pint of lager, was in fact drinking Red Bull, an alcohol-free drink.
After presenting glasses of Red Bull and lager for inspection to Judge Smithwick, defence solicitor Ms Elizabeth McGrath argued both drinks looked similar. And because gardaí failed to inspect it in any other way, there was a reasonable doubt about what was in the glass.
Judge Smithwick said a small sip was necessary, and legitimate, for the purpose of proving the offence and the case was dismissed.
Mr Noel McMahon, of MacMathuna's Licensed Premises, Kenyon Street, Nenagh, had appeared in court on the alleged offence of permitting "underage drinking" at his premises on April 27th, 2001.
The court was told that gardaí raided MacMathuna's pub and came across an youth with what appeared to be a pint of lager. Garda Richard Quigley said when he entered the pub he saw the young man, who was under 16 years of age, drinking a pint of lager.
Ms McGrath asked Garda Quigley whether it was Red Bull or lager that the youth was drinking? Garda Quigley replied: "I know lager."
However, Ms McGrath told Judge Smithwick she had an issue with Garda Quigley for failing to investigate the substance in the youth's glass.
"In a pub at 11:30 with dark lights, all drinks look the same," said proprietor Mr McMahon.
Garda Quigley was asked the difference between the two drinks. He said he was a lager drinker and was sure that the substance, from visual inspection, was a pint of lager because of a white skim on its head.
Judge Smithwick said conviction carried the penalty of the closure of a premises, and the sale of alcohol to underage drinkers would be grounds to refuse a licence at the licensing court. He normally accepted the evidence of a garda, but not in this case.