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 b0red5tiff
NWO Disinformation Agent
 
Registered: 09/16/06
Posts: 17,629
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 ‘Passive cannabis smoker’ fails to stop discharge from army [IRELAND] 
#9356717 - 12/03/08 08:11 AM (3 years, 5 months ago) |
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A 21-YEAR-OLD Defence Forces airman who claimed passive cannabis smoking as his defence has lost a High Court case aimed at preventing his discharge from the army.
He denied he was smoking cannabis and claimed his testing positive was the result of his earlier being in a car with two friends who were smoking cannabis.
He said he was given no opportunity to call evidence in relation to the possibility of a false positive test from passive smoking prior to his discharge being recommended.
The proceedings were taken by Airman David Rawson of Carrow Road, Drimnagh, Dublin, by way of judicial review against the minister for defence.
Airman Rawson was subjected to a random compulsory test at Casement Aerodrome on November 27, 2006.
Counsel for the Defence Forces told the court Airman Rawson joined the force in September, 2006 and underwent an drugs awareness programme.
Mr Justice John Hedigan said compulsory random drug testing was introduced in the Defence Forces in January 2002.
The applicant had joined as a recruit on September 4, 2006, and underwent his training at the Military Training School, Casement Aerodrome, Baldonnel.
As part of this, he underwent an awareness programme on drugs.
On November 27, 2006, he underwent a random drug test and provided a urine sample.
He was notified he had tested positive on December 11.
Subsequently he was advised that he was liable for discharge from the Defence Forces on January 10, 2007.
The court was told that drug abuse in the army was a particular danger and was completely incompatible with military life.
In a 14-page judgment, Mr Justice Hedigan said the Minister for Defence was dealing with a situation where members of the armed forces were likely to be in control of lethal weaponry.
It was incumbent upon the armed forces to set the highest standards for such members, the judge said.
They could have chosen a zero tolerance level, but chose a certain level in order to make allowance for the possibility of entirely innocent and unintended passive smoking.
They had done this because in their view the use of cannabis or any other controlled drug was entirely incompatible with membership of the defence forces.
The judge said the army correctly in his view allowed a low level cut-off to provide for the possibility of some level of passive smoking.
In this case, the reading was more than double the cut-off and was caused on the applicant’s own evidence by the presence in his car of friends smoking cannabis.
This in the judge’s view provided ample grounds upon which the general officer commanding could rely in coming to his conclusion.
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 bloodsheen
ChemChaplin
Registered: 09/24/08
Posts: 1,080
Last seen: 18 hours, 9 minutes
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Re: ‘Passive cannabis smoker’ fails to stop discharge from army [IRELAND] [Re: b0red5tiff]
#9357862 - 12/03/08 11:51 AM (3 years, 5 months ago) |
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Meh, the armed forces are for people who like to be told what to do anyway, maybe this guy should have turned in his friends for smoking pot like a good patriot. Although I have to agree that it is particularly unfair that you could drink almost every night and never get caught but if you smoked pot once on leave or something you could get kicked out. But hey, that is what you get for joining the army
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A cautious young fellow named Lodge / Had seat belts installed in his Dodge. / When his date was strapped in / He committed a sin / Without even leaving the garage. That's clever, isn't it?-A boy and his dog
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