Longford drug driving cases adjourned pending outcome of High Court matter

A recent sitting of Longford District Court saw the adjournment of a number of drug-driving cases pending the outcome of a matter currently before the High Court.

Acting for the state, Sergeant Enda Daly of Longford Garda Station told the court that the case, the DPP v Ratinski, was addressing the issue of how a blood sample is stored during the period of time between when it is sealed and when it is sent for analysis.

Sgt Daly explained that the issue centered around proving the chain of custody of the sample, and detailing all elements involving the sample prior to its delivery to the laboratory for testing. This included the sealing, storage, and handling.

The reasoning behind this was to not only confirm the sample was kept secure, but to eradicate the possibility that it may have been negatively affected, or even tampered with, in some way prior to being tested whether it be through the storage of the sample, the handling, and so on.

“It’s O’Flaherty all over again,” remarked Judge Bernadette Owens, aptly referring to the famous High Court ruling - one that was subsequently affirmed by the Supreme Court - which confirmed that Gardaí had no statutory power under the Road Traffic Act 2010 to detain a driver at a roadside checkpoint while they waited for the results of the saliva test, which would officially determine if the driver was under the influence.

Sgt Daly told the court that the issue currently before the High Court may even run into the new year.

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