‘Stage fright’ in front of GP

A YOUNG Coolaney man who failed to to provide the requisite urine samples every six weeks after he was convicted of having drugs for sale or supply in 2019 was not able to do so because he was not able to provide a sample in front of his GP, a court heard. And the only way that 24-yearold Scott Greenhalgh, Streamstown, Coolaney, was able to provide the sample was to drink of lot of water beforehand.

But this resulted in “dilution”, which resulted in no sample, according to his defence counsel Keith O’Grady, instructed by solicitor Tom MacSharry. In re-entering the case at Sligo Circuit Court, State Prosecutor Leo Mulrooney, instructed by State Solicitor Elisa McHugh, told the court that the defendant had been given a proposed suspended jail sentence in May 2019 for having cannabis of cannabis for sale or supply at that location.

The sentence was on condition that he provide a urine analysis to the State every six weeks. Since then, only two full samples had been tendered, on July 25 and November 12, 2019. Since then, there had been persistent problems which ended in results not being available for court.

Judge Francis Comerford said the defendant was before the court in October last year and January of this year.

On that occasion he was to be tested every three weeks and to come to no further adverse attention to gardai. Mr O’Grady said the defendant had come to no adverse attention whatsoever. Mr O’Grady said this was the man “who could not urinate in front of a doctor” and “the court allowed him to give a blood sample”.

But there was no facility for testing blood samples currently in this area.

The defendant had been giving urine samples but there was dilution as he had to drink huge quantities of water before he urinated so as not to find himself in the same difficulties due to a form of “stage fright”, Mr O’Grady stated.

There were two pre-sentence reports before the court.

There have been breaches over time, but it was not the case that he was not engaging with the order.

The counsel said he hoped the court would adopt a “pragmatic approach.” The State were entitled to do what they do but “I don’t think we are in flagrant breach of the order.”

Judge Comerford said the State had liberty to re-enter and they only got the relevant reports this morning. Mr O’Grady agreed that this was not satisfactory, but there had been a retirement in the practice and there was a change in doctors.

He said that instructing solicitor Mr MacSharry had made great efforts to resolve matters. There were two reports of samples but there was dilution. “What more can he do other than give a sample and the dilution can cause negative results for cannabis.”

Judge Comerford asked why these medical reports were not sent to the State Solicitor.

“This is a fluid situation as it were,” said Mr O’Grady.

“My client is not burying his head in the sand and we should not be at any risk.”

Judge Comerfod said a false negative test result was not a reason not to send it to the Prosecution.

Mr O’Grady said he could bring a doctor to give evidence. The court heard there are difficulties and huge pressure on doctors with solicitors on the phone to them and the doctors were under huge stress.

“I am not altogether satisfied with the way matters have unfolded,” said Judge Comerford.

The judge said this was an offence which carries a significant risk of jail.

His proposed suspended sentence had conditions that he had to comply with.

He said: “I am not going to revoke his bail.”

The judge remanded the defendant on continuing bail until June 15. The judge said there had only been “partial compliance”.

Mr O’Grady said the defendant had two more appointments with Dr John Daly. In adjourning the case Judge Comerford said the court would need urine samples on April 27 and May 18. He wanted all reports.

He said: “Regardless of what they say, they must go to the prosecution immediately. “I want a letter from Dr Daly saying the samples are provided in front of him and there is no chance to add water to them. “I also want to know the location so that it is not possible to dilute them.” The judge added that he did not want “any messing about with these samples”.