Legal challenge over samples halts dozens of drink-driving prosecutions in Limerick

DOZENS of prosecutions relating to alleged drink-driving and drug-driving offences in Limerick are in limbo pending the outcome of a legal challenge in the higher courts.

In recent weeks, prosecuting gardai have requested the adjournment of any case where samples of blood or urine were supplied by accused persons following their arrest.

At one court sitting in Newcastle West Inspector Barry Manton said his instructions were to request an adjournment of all such cases to a date in December.

In one case where disclosure was requested by a solicitor representing one man before the court, he said such an order "may not be required" depending on the outcome of the legal challenge.

The Limerick Leader has learned that similar applications, relating to current prosecutions, have been made at sittings of Limerick District Court and Kilmallock District Court.

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While the specific case at the centre of the legal challenge does not relate to an offence in Limerick, it could result in dozens of local cases being withdrawn or dismissed.

Earlier this month, the Director of Public Prosecutions confirmed she is to appeal the High Court decision which may have implications for thousands of drink-driving prosecutions across the country.

The judgment, delivered by Ms Justice Sara Phelan in August, relates to the legal requirements governing the chain of custody of blood and urine specimens taken from motorists up to the point when they are transferred to the Medical Bureau of Road Safety for analysis.

The challenge, which was upheld by Ms Justice Phelan, centres on the absence of direct evidence during a court hearing about the whereabouts of a blood specimen or about who had access to it before it was posted to the Medical Bureau of Road Safety.

The judge said while certain statutory presumptions exist, the Road Traffic Act requires the prosecution to provide evidence about the storage of specimens from when they are sealed to when they are posted for analysis so as to exclude the possibility of interference with the sample.

No timeline has been given for the hearing of the DPP's appeal meaning the number of cases on hold in Limerick and across the country is set to increase dramatically over the coming weeks and months.