Ireland High Court stays soldier's discharge after positive drug test in Dublin
In September 2020 a random drug test by the Permanent Defence Forces found cocaine in the system of Pte Leon Gordon, a soldier of 14 years, who says another person spiked his drink without his knowledge; that person has admitted spiking it and apologised. After an internal disciplinary process his commanding officer recommended discharge, and on appeal the officer found the spiked-drink account not credible because he was unwilling to complain to gardaí. On Wednesday 1 September 2021 Mr Justice Michael Twomey in the High Court granted him permission for judicial review against the Minister for Defence, Ireland and the Attorney General and stayed his discharge pending the outcome. The matter returns to court after the new legal term begins in October.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court1 Sep
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Pte Leon Gordon tested positive for cocaine in a random drug test conducted by the PDF in September 2020.
- Pte Gordon says he ingested cocaine without his knowledge after another person spiked his drink.
- The person who spiked the drink has admitted doing so and apologised.
- Other details
- Pte Gordon has been a soldier for 14 years and also works part-time as a barman.
- After an internal disciplinary process his commanding officer recommended his discharge from the PDF, and he appealed.
- The appeal officer found the spiked-drink evidence not credible because Pte Gordon was unwilling to make a complaint to gardaí.
- The discharge was due to occur in the coming days, and the judge placed a stay on it pending the outcome of the proceedings.
- Charges
- The proceedings are a judicial review of a military discharge, not a criminal charge.
- In court
- Pte Gordon brought judicial review proceedings against the Minister for Defence, Ireland and the Attorney General.
- Mr Justice Michael Twomey heard the matter at the High Court vacation sitting on Wednesday.
- The judge granted permission to bring the challenge on an ex-parte basis.
- The matter will return before the court after the new legal term commences in October.
11 statements extracted from the articles
- whatPte Leon Gordon tested positive for cocaine in a random drug test conducted by the PDF in September 2020. (irishtimes.com)
- whatPte Gordon claims he ingested cocaine without his knowledge after his drink was spiked by another individual. (irishtimes.com)
- whatThe person who spiked the drink admitted to doing so and apologised. (irishtimes.com)
- whatHis commanding officer recommended his discharge from the PDF following an internal disciplinary process. (irishtimes.com)
- whatThe officer hearing the appeal found the spiked-drink evidence not credible because Pte Gordon was unwilling to make a complaint to gardaí. (irishtimes.com)
- courtPte Gordon brought judicial review proceedings against the Minister for Defence, Ireland and the Attorney General. (irishtimes.com)
- courtThe matter came before Mr Justice Michael Twomey during Wednesday's vacation sitting of the High Court. (irishtimes.com)
- courtThe judge granted permission to bring the challenge on an ex-parte basis. (irishtimes.com)
- courtThe judge placed a stay on the discharge pending the outcome of the proceedings. (irishtimes.com)
- courtThe matter will return before the court after the new legal term commences in October. (irishtimes.com)
- otherPte Gordon is a soldier for 14 years and also works part-time as a barman. (irishtimes.com)
The reporting
newest first- 1 Sep2021Soldier who failed drug test takes High Court action to prevent discharge
Reports the High Court vacation sitting in which Mr Justice Twomey granted Pte Leon Gordon permission to bring judicial review proceedings and stayed his discharge from the PDF pending the outcome.
accused, Leon Gordon, male, namedLeon Gordonsuspect, male