Courts / Tipperary / Report

Soldier who tested positive for cocaine fails in bid to prevent discharge

Date
2016-02-10

Stage
Appeal

Primary locality
Tipperary

Summary

In February 2016, Mr Justice Seamus Noonan dismissed Private Christopher Maher's High Court challenge to prevent his discharge from the Permanent Defence Forces. Maher, a Tipperary soldier stationed in Kilkenny, had tested positive for cocaine in a compulsory random drug test in March 2013, with urine samples showing 150ng/ml and 179ng/ml of benzoylecgonine, the substance indicating cocaine use. Maher denied ever taking the drug, claiming accidental ingestion at a party the night before the test. He argued that the positive result could have arisen from passive exposure to crack cocaine smoke and that the testing process was flawed. He also submitted a medical report and offered voluntary targeted testing to prove he was not a habitual user. The court found his explanations uncredible, upheld the disciplinary breach, and confirmed the decision to discharge him, while allowing a stay pending appeal to the Court of Appeal.

Who, what, where, when and why

What: Report matter: Soldier who tested positive for cocaine fails in bid to prevent discharge. Procedural stage: appeal

When:

March 2013 Other
May 2013 Other
January 2014 Other
2016-02-10 Publication

Why: In May 2013 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