A Judge says that a Manorcunningham man, whose solicitor alleged that a blood sample has been contaminated, has a case to answer over alleged drug-driving.
Gareth Carson is before Letterkenny District Court charged with drug-driving on November 15, 2021.
His solicitor, Mr Kieran O’Gorman, has contested that a blood sample taken from Carson was ‘seriously interfered with’. However, after listening to a submission, Judge Éiteáin Cunningham told Mr O’Gorman that his client has a case to answer.
Mr O’Gorman asked that the court direct the attendance of a representative from the Medical Bureau. Judge Cunningham, said it was a matter for the defence to call whatever evidence it wished.
The 34-year-old Carson was present at Letterkenny courthouse when his case was called.
Carson was stopped on Joe Bonner Road on November 15, 2021 after gardai received a report of a white van driving erratically on the approach to Letterkenny.
Carson passed a roadside breath test, but a Garda told how the accused was ‘visibly agitated’ and ‘appeared to be still intoxicated’. When informed by Garda Keown that a further test was required, Carson replied: “I’m done for then.”
Carson was arrested and conveyed to Letterkenny Garda Station, where a blood sample was taken.
A certificate from the Medical Bureau returned on November 17, 2021 and showed a nil reading for the presence of alcohol. A further certificate, returned on January 14, 2022, showed the presence of cocaine.
Mr O’Gorman argued that the time lapse between the two dates showed that the sample was ‘seriously interfered with’.
“The sample was somewhere in the bureau and was seriously interfered with,” Mr O’Gorman said.
“After the sample was tested for alcohol the sample was left for almost two months by someone. It had been opened for that period and was not certified until the day after testing. This sample had to be somewhere unprotected for some time.”
Mr O’Gorman told the court that he believed the validity of the certificate ‘must be in question’.
Judge Cunningham informed Mr O’Gorman that Carson has a case to answer at this stage.
The matter was adjourned to a later date.