Courts / Tipperary / Report

Soldier takes High Court challenge to discharge after cocaine test

Date
2014-03-31
Stage
Hearing Or Decision
Primary locality
Tipperary
County
Tipperary

Summary

Private Christopher Maher, a soldier from County Tipperary stationed in Kilkenny, has filed a High Court challenge to stop his discharge from the Permanent Defence Forces after a compulsory random drug test in March 2013 returned a positive result for cocaine. Maher denies ever taking the drug, claiming he was at a party the night before the test and that he may have been exposed to cocaine smoke accidentally. The urine sample showed 150 ng/ml of benzoylecgonine, the cut‑off for a positive test under Defence Forces regulations. In May, his commanding officer recommended discharge, citing voluntary consumption. An appeal in November found Maher had not produced evidence to support his claim of passive exposure, and the officer determined he failed to consider a medical report that questioned the testing process and suggested possible over‑reporting of drug levels.

Who, what, where, when and why

What: Report matter: Soldier takes High Court challenge to discharge after cocaine test. Procedural stage: hearing_or_decision

When:

Why: Last May his commanding officer said the only credible reason for the positive test was voluntary consumption of a controlled drug and recommended his discharge from the defence forces. Defence account reported by CNI

Places mentioned

Court Venue
  • High Court
Residence
Secondary Mention

Topics

Drugs Stage Hearing Or Decision

Related court reports

Read the original CNI report

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