SUMMONSES for larceny and attempting to frustrate a prosecution against a man who was alleged to have stolen his urine sample from Dunboyne Garda station were dismissed by Judge John Brophy at Dunshaughlin Court yesterday.
The judge told defence solicitor, Mr Niall Dolan, he had a doubt, though not much of a doubt, and he would dismiss the charges.
The judge recommended stricter procedures in the handling of blood and urine samples in Garda stations.
The court heard that Mr Vincent Burns, White Star Bar Enniskillen, was arrested for alleged drunken driving on April 5th, near Dunboyne. He was taken to Dunboyne Garda station where he gave a sample of urine.
Some three hours after he left the station gardai noticed the box containing the sample was missing.
A taxi driver who was called to the station to collect Mr Burns said he had shown him a sealed box containing one part of urine sample and another round container with the other part.
When Mr Burns returned to the Garda station the following day to collect his car he was questioned but denied taking the sample.
As there was no evidence he was not prosecuted for the alleged drunken driving.