A judge has found against a Masterton doctor who claimed the reason his alcohol blood level was above the legal driving limit was because his skin absorbed an alcohol-based skin disinfectant.
Ian Murray Denholm, 53, gave evidence in Masterton District Court that he had used alcohol handwash on
his arms and forearms up to 31 times on July 7, 2007, before drinking one, or at most two, glasses of wine that evening.
He was stopped by police and breath-tested and returned a positive reading of 593mcg of alcohol per litre of breath. The legal limit is 400mcg.
Denholm conducted an experiment using the disinfectant, called Microshield, and having himself blood-tested, which he used as evidence in his defence.
In his reserved decision released today, Judge Stephen Harrop said he agreed with the prosecution's expert witness, ESR scientist Allan Stowell.
Dr Stowell's conclusion was it was "very very unlikely" that Microshield could account for anywhere near what Denholm had claimed.
While he accepted that Microshield may have played a minor role, he was "not satisfied that Mr Denholm has discharged the onus on him to prove that at least 193 micrograms of alcohol were attributable to his use of Microshield".
Judge Harrop said he had not yet entered a conviction against Denholm as his lawyer Noel Sainsbury had indicated he would apply for a discharge without conviction.
The case was adjourned until November 3.
- NZPA
