A SOLDIER who said he was the victim of a prank involving a pizza being “spiked” with cannabis before he ate it has been refused an extension of his army contract, the High Court heard yesterday.
Pte John White (32), Beldoo, Strabane, Co Tyrone, brought a successful High Court challenge two years ago to his discharge from the Army after testing positive for drugs because an acquaintance spread cannabis resin on a pizza unknown to him.
The court ruled the decision to discharge him was “fundamentally flawed” and in breach of fair procedures.
Yesterday, the High Court heard Pte White had since sought an extension of service with the Defence Forces but had been refused.
The refusal was an attempt by the Army authorities to say: “You beat us in the High Court and we are getting you this way,” his counsel Ross Maguire said.
Mr Justice Michael Peart was told an extension of service is normally given but the Commanding Officer had refused on the basis of a recommendation that, counsel argued, was factually flawed and in breach of fair procedure. The refusal was “an attempt to flout the order of the High Court,” Mr Maguire said.
Mr Justice Peart granted leave to challenge the refusal in judicial review proceedings against the Minister for Defence. The order will act as a stay on the soldier’s discharge until the matter comes back before the court.
In his 2008 case, the court heard Pte White tested positive for cannabis following a random drug test at Finner Camp, Donegal, on October 6th, 2005.
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.