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Dáil Éireann debate -
Wednesday, 16 Oct 1991

Vol. 411 No. 1

Adjournment Debate. - Tampering with Blood Sample.

I thank the Chair for allowing me to raise this important matter which arises from a serious road accident in North Cork last July. The implications of the affair are very serious. It may be necessary for the Minister for Justice to appoint a senior judicial figure to inquire into all aspects of the affair. There is grave public disquiet in the Ballyhooley — Fermoy — Castleisland area regarding this affair. As a result of the accident a young man lost a leg and will be disabled for the rest of his life. Now it emerges that the blood sample which could have determined whether or not the driver of the car which struck the young man's motor cycle was complying with the law regarding blood-alcohol levels for motorists was apparently deliberately damaged in the course of its journey by registered post from Fermoy Garda station to the Medical Bureau of Road Safety in Dublin.

The public's concern is intensified by the fact that the driver in question is the spouse of a member of the Garda Síochána and was fined £10 on the day for having no driving licence. Media reports have suggested that the sample was destroyed by being cooked in a microwave oven. Clearly, this could not have happened by accident and it must have been done deliberately by someone who had access to the sample at some stage during its journey.

I am aware that there has been a Garda investigation into this affair but if that does not clearly establish the full facts of the case I ask the Minister to agree to appoint a judicial figure to carry out a full investigation into the matter. It may also be necessary to review the procedures for transmitting blood or urine samples following accidents. I contend that those who suffer injury or the relatives of those who die in accidents are entitled to have established beyond doubt the blood-alcohol level of the drivers involved. I appeal to the Minister to do everything possible to establish the facts of the case.

This matter has already been referred to on two occasions today by Deputy Edmund O'Keeffe and Deputy Sherlock. In his answer to the parliamentary question the Minister for Justice informed the House that on the advice of the Director of Public Prosecutions the case concerned is now the subject of a formal investigation by a senior Garda officer from outside the Garda district concerned. In these circumstances the House will appreciate that it would be inappropriate for me to comment on the matter or say anything which might pre-empt the outcome of that very important investigation. The Garda will, in accordance with normal practice, take account of any matters which they consider relevant in conducting their investigation and, while not endorsing the remarks made by the Deputy in any way, I have no doubt that the Garda will have full regard to any information which he provides also.

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