A barrister acting on behalf of Ian Bailey, who is appealing a drug driving conviction which could take him off the road for 12 months, has claimed that there was a “fatal flaw” in the testing procedure.
Barrister Alan O’Dwyer, BL, representing Mr Bailey said that the garda who carried out the oral fluid drug test did not adhere to the instruction manual for the testing machine.
He said the manual indicates that persons undergoing the test should be observed for ten minutes prior to the procedure to ensure that they have not consumed food, chewed on gum or used tobacco. However, Bailey had had a glass of water in the presence of another Garda. The Garda carrying out the oral fluid test was not aware of this fact.
