Kildare judge calls for drug testing change to end delays
Photo for illustrative purposes only
A judge was critical of the Department of Justice and its continued inaction in the realm of ‘presumptive testing’ after hearing another drug possession charge had still not received directions from the DPP as the sample had not yet been tested.
“Seriously sergeant, you have a Minister for Justice who’s a very serious barrister; you shouldn’t have to wait nine months for a listing,” said Judge Desmond Zaidan to Sergeant Dave Hanrahan.
He was speaking in the case of Damien Shaw (53) of Sarto Park, Naas who was allegedly found with €160 worth of cocaine on James’ Lane in Naas on 21 February, 2024.
“You should have presumptive testing,” said the judge.
This is a policy where the accused agrees with the informal valuation of the discovered substance under a certain value and pleads guilty early in return for leniency in sentencing, thus freeing up a lot of court and lab time.
“Honestly, you couldn’t make this up. I’ve seen it work at a festival, and it’s tried and tested across the pond, and is now embedded in UK law,” he said.
He reminded the court of the pilot ‘presumptive testing’ programme held at the Oxigen Festival in Punchestown in 2010.
He explained how it was a multi-agency pilot 15 years ago and “more than 80 per cent pleaded guilty!”
Seeing his chance for a strike-out, barrister Mark Gibbons asked the judge to mark the case pre-emptory.
“I will, in October, but sergeant, you’ve got to give me an undertaking then that your Garda Commissioner has made a submission (to the department) towards presumptive testing,” said the judge.
“If you guys don’t make representations nobody will listen,” he added. “I will mark it pre-emptory but on 23 October."
