Intoxyliser challenge

Intoxyliser challenge back in court

Claire Egan

AN extra large attendance is expected in Ballinrobe court (today) Tuesday as legal representatives lock horns over the intoxyliser case which has left over 200 people, facing drink driving charges, in limbo.
At the December sitting of the District Court, Judge Mary Devins ordered the solicitor who brought the challenge, Ms Cathy McDarby, and Mr Kieran Kelly, BL, representing the DPP, to submit formal submissions to the January sitting of the court.
It is anticipated that, having heard all submissions, Judge Mary Devins will forward all relevant material to the High Court for a hearing in March.
For the past two years, cases against defendants who have been charged on foot of a reading from the Lion Laboratories Intoxyliser machine have been adjourned, pending a ruling on whether a source code is needed from the machine each time to confirm the accuracy of the reading.
Ballinrobe based-solicitor Ms Cathy McDarby initially raised the issue on behalf of a client and submitted a summary to court in July 2006. However, the State failed to submit a similar summary, claiming that they could not identify a point of law in the matter.
Judge Mary Devins subsequently criticised the ‘apparent attitude’ of the State to the case, questioning a delay of over two years and eight months.