Prosecuting solicitors have been told to seek adjournments of drink-driving cases before the courts pending a Supreme Court ruling on the legality of Garda screw-top cap containers used for storing urine samples.
The Chief State Solicitor's Office issued the order yesterday following a High Court ruling that the caps did not provide sufficient guarantee that the bottles were tamper-proof.
A number of drink-driving cases have been dismissed by the Dublin District Court since the ruling was made last Wednesday. The DPP is appealing the judgment to the Supreme Court.
Fine Gael's justice spokesman, Mr Jim Higgins, said the Government should draft a contingency plan which would come into operation if the appeal failed.
"It's important, above all, that this is appealed immediately and gets an early hearing. The decision has effectively left the driving laws in disarray and the gardai in the extremely difficult situation of operating with a law not in accordance with fair procedures."
He said the issue may be resolved by introducing new equipment which would guarantee the integrity of samples. However, "it may need a change in the law. As an insurance policy, draft legislation should be prepared."
A spokeswoman for the Department of the Environment, which is in charge of drink-driving laws under the Road Traffic Act, 1994, said no review of procedures would take place before the Supreme Court appeal.
She said the Department was seeking clarification of the original ruling made by Mr Justice Patwell in the Cork District Court earlier this year.
Dismissing a drink-driving case, the judge found the screw-top caps on urine sample bottles could be tampered with without detection.
The Department spokeswoman said, however, there was a quest ion over whether the problem was with the urine sample bottle, the sealing on such a bottle or the container in which bottles were kept.
The judgment has come as a demoralising blow to the Garda in its actions against drink-driving.
The Garda Commissioner, Mr Pat Byrne, said this week: "The greatest frustration the Garda Sioch ana have at the moment is trying to change the mindset of the drunk driver."
He said more radical measures were necessary to reduce the number of road fatalities, and suggested drunken and dangerous drivers should be taken to the gravesides of their victims.
A spokesman for the Garda said it would not comment on the matter as it was before the courts.
