A GARDA has denied before the High Court there was any breach of protocol in the handling of a urine sample taken from a suspected drunken driver which ended up being thrown at the doctor who took the sample.
Garda Jim Downey was giving evidence in the continuing action by Dr Ahtkar Mansoor over the incident in 2002, in which the urine was poured over his face and head by the arrested man, allegedly entering his eyes and mouth.
A Muslim, Dr Mansoor (67) claims cleanliness is very important in his religion and he was severely traumatised by the incident. He was diagnosed with post-traumatic stress disorder afterwards and claims to have a continuing fear of contracting a disease such as Aids or hepatitis as a result of the incident.
Dr Mansoor, Medical Centre, Kilbeggan Bridge, Tullamore, Co Offaly, has sued the Minister for Justice and the Attorney General for damages over the incident at Tullamore Garda station in March 2002.
Declan Foran, Rahan, Tullamore, was subsequently convicted of drink-driving and was also convicted of assault on the doctor arising from the incident at the station.
Garda Downey said yesterday he had not breached protocol by getting Mr Foran to hand over the specimen. He said the Road Traffic Act required the tested person to provide the designated doctor with a specimen.
Evidence has concluded and Mr Justice Vivian Lavan has asked the parties to provide him with legal submissions by next Wednesday.
The court was told Dr Mansoor had received a number of awards arising from other incidents, including €17,000 in 1988 for an ear injury; €15,000 in 1986 following a traffic accident; €10,794 in 1993 from another road accident; and €10,000 in 2000 over an accident in Tesco involving a knee injury.