A soldier has claimed before the High Court that he tested positive for drugs after eating a pizza which, unknown to him, had been spiked by a friend with cannabis resin as a prank.
Pte John White, of Rockhill House, Letterkenny, Co Donegal, secured leave from Mr Justice Michael Peart to bring a challenge to his proposed discharge from the Defence Forces.
He also secured an order restraining that discharge, due on Saturday next, pending the outcome of his judicial review proceedings.
In his forthcoming challenge, Pte White will contend that the Defence Forces failed to properly apply provisions and instructions in relation to random drug-testing and failed to provide him with a form of appeal from the decision of his battalion officer to recommend his discharge.
In an affidavit, Pte White said he enlisted in 2001 in the Defence Forces and was attached to the 28th Infantry Battalion based at Rockhill House.
While at Finner Camp, Co Donegal, on October 6th last, he was subject to a random drug test under the relevant instructions relating to compulsory drug-testing in the Defence Forces, he said.
It appeared that a civilian tester had noted that his sample had tested positive for something, and he was asked had he ingested any substance in the previous 30 days. He said he had had an injection while at the dentist.
A decision was taken to have the sample tested further, and he was told on October 20th, 2005, by his commanding officer that he had tested positive for cannabis resin, the reading being over 100mg/ml.
Pte White said he was astonished by this as he had not, to his knowledge, taken any such substance.
He said he was asked if he wanted the sample further tested at his own expense and was offered the choice of three laboratories in England. He picked one at random, and the sample was later returned, having given a positive reading of 60mg/ml.
Within a week of the second test results, he made a statement to his CO that he had no idea how his sample had tested positive and denied any involvement in drugs or drug-taking.
Pte White said that some time later he was approached by an acquaintance who explained to him that, as a prank or practical joke, he had put cannabis resin on a pizza which Pte White had consumed.
On November 23rd, 2005, his battalion commander had indicated he was recommending that Pte White be discharged from the Defence Forces on the basis that he was not prepared to press charges against the other man.
